Full conditions of service
Ategra provides web hosting and email services. Ategra reserves
the right to suspend or cancel any client's access to any portion
or all of Ategra services, when Ategra deems that the account
has been used inappropriately. Ategra reserves the right to refuse
service and/or access to its servers to anyone.
Ategra prohibits sites engaged in
Illegal activities including but not limited to storing and/or
distributing illegal copies of copyrighted software, warez sites,
violations of copyrights and trademarks, violations of U.S. and
Australian laws, selling and/or distributing illegal contraband.
Internet abuse including but not limited to spamming - mass unsolicited
Emailing, distribution of mass emailing programs, cross-posting
messages to large number of usenet groups, posting obscene or
inflammatory messages, threatening other Internet users, mail
bombing Internet users, running packet sniffers or port scanners,
and spamming our support staff. Spammers are held responsible
for a $500 dollar clean up fee.
Systems abuse including, but not limited to use of excessive CPU
resources, use of excessive disk space, use of excessive email
storage space, hacking our systems, installing continuously running
programs, such as IRC bots, and reselling CGI scripts.
Data Transfer
Ategra plans allow a specific amount of transfer per month (for
further information refer to your plan details). If a user goes
over the allotted amount the fee incurred will be $1.00 per Megabyte
(MB).
SPAM / Unsolicited Email
Ategra has an absolute zero tolerance policy in regards to Spam
or the sending of unsolicited email. All new accounts are heavily
monitored for the protection of both yourself and other Ategra
Users. If you have any further questions or concerns, please don't
hesitate to contact us.
Adult content
The determination of what is "adult content" and prohibited
shall be solely made by Ategra.
Should a policy violation occur, Ategra reserves the right to
terminate the account without notice and without any refund. The
policy violating client will be held responsible for any damages
to Ategra's system, servers, connectivity, reputation, business,
service, network, operations, or equipment. The policy violator
may be charged a $500 clean up fee.
Web Site Content
The client is responsible for keeping a copy of their most current
web site files as backup on their own system (not on Ategra servers).
Ategra is not responsible for any lost files, information, or
data.
Should any data need to be recovered from Ategra's backup tapes,
there will be a charge of $100. Ategra does not guarantee to possess
the most current copy of a client's website.
What we will not host:
In order to keep our servers fast for all users, we do not allow
the following resource intensive scripts:
- Any Kind of a CGI driven bulletin board (UBB).
- YABBSE
- IRC Server (Egg Drops)
- Game Server
- CGI Chat scripts
- PHP Shell
- Free email with auto signup
- Any script using excessive amounts of resource or negatively
impacting other users
Updates
The client understands that system updates occur in real-time
and as queued batch processes. Ategra reserves the right to modify
the processing times at any time without notice. If a client or
Ategra support personnel (when authorized by client) makes any
modifications to a hosting account, the client is responsible
to make sure these updates have occured in our system. Ategra
reserves the right to move your account to a new server if deemed
necessary.
Support
Free customer support is provided via email through the support
page and form. Support emails will be answered within 24 hours.
Billing inquiries will be answered within one business day. Client
agrees not to spam support.
Payment Policy
All services are provided on a prepayment basis.
Service is activated only after receipt of payment.
Once an order is successfully submitted, the client is subject
to Ategra's refund policy.
Any one time setup fee is non-refundable.
All monetary transactions will occur in Australian ($AU) dollars.
No bills or invoices will be sent by postal mail or fax.
Payment is due every year 12 months in advance. Additional features
can be added at any time. When a feature is added, payment is
due in advance to the 12 month anniversary of the original plan.
Other charges incurred will be billed as they occur.
Credit Card Failures
In the event of any credit card failure, a notice will be sent
to the billing contact via email. An attempt will be made to charge
the credit card everyday until a successful charge or the end
of the billing cycle. If the credit card is charged successfully,
a notification of 'successful charge' will be sent to the billing
contact via email. If the credit card continues to fail and the
billing cycle ends, the account will be suspended, and then cancelled
when a period of 30 days expires. New accounts will be cancelled
if a credit card payment fails. Subsequently repudiated credit
card payments will be treated as failure to make initial payment.
Returned Cheques
Non-sufficient fund cheques will result in a cancellation of the
account and the client is assessed a 20 dollar processing fee.
Ategra will not in any way be held responsible for any loss of
data due to the deletion of any account under these circumstances.
Account Reactivation
If an account was cancelled due to client request or billing issues
and the client desires to reactivate the account, a non-refundable
reactivation fee of AU$50.00 will be required prior to account
reactivation. Accounts are reactivated after all outstanding charges
are paid. If an account was cancelled due to policy violation,
Ategra will not reactivate the account.
Refunds
For new accounts, refunds will be given on request for seven days(7
days) after initial subscription and will result in immediate
account cancellation. If Ategra terminates an account due to policy
violations, there will be no refund.
Cancellation
Ategra reserves the right to terminate service at any time. If
an account is terminated for a policy violation there will be
no refund. The policy violator may be assessed a 500 dollar clean
up fee. Ategra reserves the right to delete any policy violating
web site content without notice.
Customers can cancel service at any time. Account cancellations
are not accepted via email. All account cancellations are to be
requested through the client's manage your account contact forms.
If the client requests cancellation, their account will be terminated
at a specified date or immediately. If the client specifies immediate
account termination, Ategra reserves the right to delete web site
contents without notice.
Indemnification
Client agrees to defend, indemnify and hold harmless Ategra against
any liabilities arising out of defective products sold to customers
from Ategra servers, personal injury or property damage caused
by products or services sold or distributed from Ategra servers,
any material that infringes or allegedly infringes on the rights
of a third party available from Ategra servers, and any material
that libels or allegedly libels a third party available from Ategra
servers.
Disclaimer
Ategra is not responsible for any damages to any client's business.
Ategra makes no warranties or guarantees of any kind, expressed
or implied for services that we provide. Use of Ategra's web hosting
and email service is at the client's sole risk. Ategra's services
are provided on an "as is, as available" basis.
Ategra does not guarantee that our services will be uninterrupted
or error free. Ategra will provide every effort in good faith
to ensure that its services are available to as many Internet
users as possible with minimal service interruptions.
In no circumstance will Ategra be liable for any claims resulting
from the use or inability to use Ategra's services - including,
but not limited to, service interruptions, client errors, Internet
connectivity problems, miscommunications, unauthorized access
to Ategra servers, InterNIC problems, DNS caching, Internet bandwidth
congestion, power failures, vandalism, and natural disasters.
Ategra reserves the right to revise our policies at any time.
If there is anything that is not clear or you require more information
please contact us.
