Ordering

Please read the following terms and conditions agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our customers as a whole. ATS-SYSTEMS's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used. All shared hosting services are intended for the end-user only and may not be subleased, sold or given to third parties.

Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, ATS-SYSTEMS does not make and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose. Clients are responsible for frequently backing up their files on our system. ATS-SYSTEMS cannot be held responsible for the deletion of users' files, whether intentional or unintentional.

Authorization of charges

ATS-SYSTEMS will bill for services rendered which are due within seven (7) days. Client authorizes ATS-SYSTEMS to charge credit card supplied by Client if stored within our billing system. EFT is accepted if Client chooses not to store a credit card. ATS-SYSTEMS may discontinue service for failure to make payment for initial fees or any re-occurring fees thereafter. ATS-SYSTEMS reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.

Content restrictions

All services provided by ATS-SYSTEMS may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any South African government, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any ATS-SYSTEMS servers. Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal audio files or archives.

ATS-SYSTEMS reserves the right to disable any material from client's web space that is reasonably deemed unacceptable. ATS-SYSTEMS reserves the right to suspend client's account at our discretion if said material is discovered. ATS-SYSTEMS is the sole arbiter as to what constitutes a violation of the above provisions.

Shared hosting application restrictions

VPS servers are not permitted to run CPU mining programs. Shared Webhosting Restrictions: The Client is allowed to freely install CGI/PHP applications; however, ATS-SYSTEMS reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely. Some scripts and sites are not allowed on shared hosting: *Tube / YouTube clone sites, adult content, file archives, email archives, mirror sites, image and file upload sites. No single shared hosting account is permitted to use more than 20% of the server resources at a time. A single account is limited to 400,000 inodes at any given time. E-mail such as junk mail should be permanently deleted. ATS-SYSTEMS may impose storage fees of R250 per GB for accounts that are using an unreasonable amount of resources on a shared hosting package.

Spam policy

ATS-SYSTEMS servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client's domain or IP may not be referenced as originator or intermediary in any of the above. ATS-SYSTEMS considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail. The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind. Furthermore, a fine of R1600 will be imposed for each spam policy violation. ATS-SYSTEMS is the sole arbiter as to what constitutes a violation of the above provisions. ATS-SYSTEMS IP blocks may not be used for IP rotation while sending emails. ATS-SYSTEMS may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination. Further mailing list policies are included in the email / mailing List Policy.

Server abuse

Any attempt to undermine or cause harm to a ATS-SYSTEMS server or another ATS-SYSTEMS client is strictly prohibited. Any attempt to undermine any ATS-SYSTEMS web site or a web site of another ATS-SYSTEMS client is strictly prohibited and may result in immediate termination of services rendered by ATS-SYSTEMS without refund. ATS-SYSTEMS is the sole arbiter as to what constitutes a violation of the above provisions. A fine of R3200 may be implemented for intentional server abuse.

Indemnification

Client agrees that it will defend, indemnify, and hold harmless ATS-SYSTEMS from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against ATS-SYSTEMS, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors. The Client agrees that it will defend, indemnify, and hold harmless ATS-SYSTEMS against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with ATS-SYSTEMS's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from ATS-SYSTEMS's servers.

ATS-SYSTEMS assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of anyone to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or violation of copyright, trademark or other intellectual property rights. Any attempt to undermine any ATS-SYSTEMS web site or a web site of another ATS-SYSTEMS Client is strictly prohibited and may result in immediate termination of services rendered by ATS-SYSTEMS without refund. ATS-SYSTEMS is the sole arbiter as to what constitutes a violation of the above provisions.

Disclaimer

ATS-SYSTEMS will not be held responsible for any damages you or your business may suffer. ATS-SYSTEMS makes no warranties of any kind, expressed or implied, for services rendered. ATS-SYSTEMS disclaims any warranty or merchantability or fitness for a particular purpose. ATS-SYSTEMS assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. ATS-SYSTEMS will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will client be entitled to recover damages from ATS-SYSTEMS.

Term

The term of this agreement will continue until a notice of cancellation by ATS-SYSTEMS or Client is given, or until terminated under other provisions of this agreement. ATS-SYSTEMS reserves the right to terminate this agreement with cause upon notification to the client. ATS-SYSTEMS may further terminate this agreement immediately without notice at any time the Client breaches any part of this agreement, or if any program or facility used by ATS-SYSTEMS to implement this Agreement is disrupted or terminated for any reason.

Presumption of agreement

By signing up with ATS-SYSTEMS, be it using ATS-SYSTEMS's online sign-up form or contacting in any way an employee, officer, agent, and director with the request for ATS-SYSTEMS to provide Client services, Client (1) authorizes ATS-SYSTEMS to take the actions necessary in order to setup Client's account, including charging a credit card, if applicable, supplied by client at the time of sign up; and (2) agrees to each and every provision outlined in this agreement and shall hold to said agreement in the court of law.

Default

In the event Client defaults in any provision or fails to perform under this Agreement, ATS-SYSTEMS will be entitled to damages, costs, and attorney's fees from the Client.

Important automatic renewal and subscription-based products

All services that you purchase are offered and purchased on automatic renewal. Except for reasons described below in this section, automatic renewal automatically renews the applicable Service upon expiration of the then-current term for a renewal period equal in time to the most recent service period (Except for domain names which may renew for the original service period). ATS-SYSTEMS will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service(s) in your account. If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your services before that date. Services must be cancelled at least (3) three days before the automatic renewal period, or they will be cancelled after the next renewal period.

Invalid or non-enforceable provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion, this agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

Domain agreement

ATS-SYSTEMS may provide domains at discounted prices with the purchase of a new web hosting package. The promotional pricing is subject to change upon the annual renewal of the purchased domain. Should the customer decide to switch hosting providers, the client agrees to pay the yearly fee listed on ATS-SYSTEMS website for domain name registration. Please note that domains automatically renew therefore if you wish not to renew your domain, we ask that you cancel it prior to its annual renewal.

Email/mailing list policy

Server's which are for mailing only are disallowed on ATS-SYSTEMS's network. A mailing only server is defined as any shared/VPS/dedicated/colocated server who's primary purpose is sending email over SMTP. ATS-SYSTEMS's network is monitored through multiple feedback loops and may terminate, without prior warning, a server that has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt-in, opt-out only, or any other non-double opt-in mailing list will result in server termination.

Abuse complaints

All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. ATS-SYSTEMS reserves the right to remove files that do not adhere to our terms and conditions, local or country laws.