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Terms of Service Agreement

Our website herein is referred to as "website" or "site" or "ATMETA" or "AtMeta.com" or “AtMeta Internet Solutions” or "ATMETA, LLC". By using, viewing, or purchasing any product or service from this website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms very carefully. If you do not agree to these terms, you should not use, view, or purchase any product or service from this website. The term "ATMETA" or “AtMeta" or “AtMeta Internet Solutions” or "AtMeta.com" or "ATMETA, LLC" or "us" or "we" or "our" refers to ATMETA, LLC, the owner of the website. The term "you" refers to the "user" or "viewer" or "customer" or "purchaser" of ATMETA. Services subscribed, sold, leased, contracted or otherwise obtained from or through ATMETA are referred to as “service” or “services”. This Agreement also extends, but is not limited to, the principles as outlined in our Terms of Use and Privacy Policies.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Network Security
Customers may not use the ATMETA network with an attempt to circumvent user authentication or security of any ISP, host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any ISP, user, host, or network. This includes, but is not limited to, hacking, phishing, flooding, mail bombing, or other deliberate attempts to overload or crash an ISP, host or network. To protect its network and periodically audit for malicious activity, ATMETA installs a host key on all servers which may not be removed. ATMETA will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

3. SPAM/Commercial Advertising/Mass Mailing
ATMETA explicitly forbids any and all types of mass mailing (spamming) on our servers and network. You must not use the ATMETA network, ATMETA equipment, ATMETA servers, or any ATMETA email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the ATMETA network, ATMETA servers, ATMETA equipment or any AtMeta.com email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, ATMETA reserves the right to disable your domain. In addition, ATMETA may impose a $500 penalty for each spam policy violation. ATMETA solely reserves the right to refuse or cancel service to known spammers. ATMETA reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Please report any spam or network abuse to abuse@atmeta.com or by contacting our Customer Service Department through our support site at http://www.atmeta.com/support/.

3. Support
Basic "Tier 1" technical support and troubleshooting beyond hardware related problems is provided at the sole discretion of ATMETA and is in no way bound by any Service Level Agreement. Additional support beyond the included hardware support is billable as a managed service at our regular Managed Service rate. For special rates, SLA’s, managed or bundled services, a Service Contract may be purchased by contacting our Customer Service Department through our support site at http://www.atmeta.com/support/.

4. Hosting Configurations

Due to network configurations, ATMETA reserves the right to change all Internet Protocol addresses (IPs) associated with the customer's hosting plan, if applicable. ATMETA provides packaged and custom hosting solutions, and reserves the right to change or upgrade these configurations as necessary for the purposes of maintaining product quality, SLA’s, reliability, system uptime, or other maintenance reasons. Hosting configurations at the time of purchase may not be changed unless you upgrade your hosting plan/configuration.

5. Server Resources

Any website that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

6. Data Backup/Restore
As a courtesy, ATMETA provides basic data backup services. You can request to run a backup of your site or any files for a one-time charge. Although ATMETA tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. ATMETA recommends that the customer periodically and frequently backup their site to their local computer. We recommend, as option to protect data, that our customers purchase Managed Backup Services by contacting our Customer Service Department through our support site at http://www.atmeta.com/support/.

7. Programming/Design Services

All programming and design services, including application development, user interface design, web site concepts, application concepts, graphic design, database design, and any other software, code, concepts, and/or graphics are the intellectual and sole property of ATMETA until payment for such services are made in full. Any content or materials provided by and/or owned by the customer, or that is otherwise not owned by ATMETA, are the property of that person or entity.

8. Account Billing and Fees

You agree to remit payment for any and all products and/or services at the time of purchase. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. You represent and warrant that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

ATMETA will waive the set-up fees if the hosting account is prepaid for one year. For prepaid hosting, if you should cancel your account before the expiration of the 12-month period, ATMETA agrees to refund a prorated amount of the prepaid service cost, minus the previously waived applicable set-up and administrative fees, for which you will then be made responsible. Setup fees are non-refundable.

If a balance is due at the time of a refund and/or credit, the credit and/or refund will be applied to the balance.

Accounts past due are subject to a 10% late fee of the total balance due. Services may be suspended on accounts that reach a billing delinquency of 60 days past due and terminated after 90 days past due. Services interrupted for non-payment is subject to a $150.00 service fee for reinstatement of services. Services may not be restored unless account is reconciled. For payments by check, a surcharge of $50.00 plus any bank costs will be incurred for any bad/bounced checks.

If for any reason ATMETA is unable to obtain full amount owed, or if ATMETA is unable to charge Your credit card with the full amount of the services provided, or if ATMETA is charged back for any fee it previously charged to the credit card You provided, or if ATMETA is charged for a bad/bounced check, You agree that ATMETA may pursue all available remedies in order to obtain payment. You agree that among the remedies ATMETA may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation of any product or service you purchased without notice to you.

9. Account Cancellation

To cancel your account, please contact our Customer Service Department through our support site at http://www.atmeta.com/support/. Please provide your domain name or account number. ATMETA does not monitor domain registrations and will not be held responsible for any problems that arise due to transferred or expired domain names. ATMETA also does not monitor hosting accounts for usage and will not automatically cancel an account for non-usage. Refunds will not be issued for hosting fees charged after a domain has been transferred off our network without proper cancellation or due to non-usage. Any account balances must be reconciled before an account can be closed. If a balance is due at the time of cancellation and a credit and/or refund is due, the credit and/or refund will be applied to the balance.

10. Use of Service

All services may be used for lawful purposes only. Through ATMETA's service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the ATMETA network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations. ATMETA is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, ATMETA has the right, but not the obligation, to edit, remove, or deny access to such content, and to revoke or terminate services. ATMETA may disclose any content or records concerning a customer's account as required satisfying any Law, Regulation, Governmental Request, or Court Order. Pornography and sex-related merchandising are prohibited on all ATMETA servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to ATMETA's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below is a list of non-acceptable content or links:

• Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s).

• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

• Hacking/Phreaking/Phishing - Includes sites with material, links, or resources for hacking, phreaking, phishing, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.

• IRC - ATMETA prohibits hosting IRC or IRC Bots of any kind from its servers or network.

• Proxies - ATMETA prohibits proxy servers of any kind from its servers or network.

• Port Scanning - ATMETA prohibits ports scanning of any kind to be done from its servers or network.

ATMETA reserves the right, and at its sole discretion, to refuse or terminate services for any breach of the Agreement.

11. Support Site
The Support Site is a service portal for exclusive use by our customers. It shall be used in accordance with, but not limited to, this Agreement.

12. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Limitation of Liability

(1) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

(2) the aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed $1 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.

14. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

15. Third-Party Services
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.

16. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

17. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy, which is provided on the Site.

18. Terms of Use Policy
Our Terms of Use Policy, as it may change from time to time, is a part of this Agreement. You must review the Terms of Use Policy, which is provided on the Site.

19. Copyrights

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Abuse Department the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Abuse Department for Notice of claims of copyright infringement on the Site can be reached at our Customer Service Department through our support site at http://www.atmeta.com/support/.

20. Software Licensing

Licensing for third party software or services subscribed to through ATMETA or distributed by or purchased from ATMETA, is not transferable.

Licensing and ownership for software written by, or the intellectual property of, ATMETA is only granted and/or transferable when payment for services is rendered in full.

21. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

22. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Phoenix, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

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