This User Agreement ("Agreement") is an agreement between Atakdomain.com, LLC and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom Atakdomain.com provides links or banners to promote the services or products of Atakdomain.com or any third party the services or products of which are offered by or obtained through or in connection with Atakdomain.com), resellers or others (i) who sign up for, use or obtain services or products from Atakdomain.com or from any third party services or products of which are offered by or obtained through or in connection with Atakdomain.com, or (ii) who visit the Web sites of Atakdomain.com or of any such third party.
PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
- Acceptable Use Policy.
Under this Agreement, User shall comply with Atakdomain.com's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Atakdomain.com, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Atakdomain.com does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, Atakdomain.com may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event Atakdomain.com takes corrective action due to a violation of the AUP, Atakdomain.com shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that Atakdomain.com shall have no liability to User or any of User's users due to any corrective action that Atakdomain.com may take (including, without limitation, suspension, termination or disconnection of Services).
- HIPAA Disclaimer. We are not “HIPAA compliant. You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Atakdomain.com does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Atakdomain.com is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, email us.
- Term; Termination; Cancellation Policy.
- The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term OR SUCH OTHER TERM AND PRICE THAT SHALL BE SET FORTH IN A NOTICE TO THE CUSTOMER AT LEAST 30 DAYS PRIOR TO THE COMMENCEMENT OF SUCH SUCCESSIVE PERIOD OR RENEWAL PERIOD. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE OR RENEWAL PERIODS, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
- This Agreement may be terminated or cancelled;
At anytime by either party (Including by You, if you receive notice of an amendment to this Agreement) by giving the other party thirty (30) days prior written notice, provided that we may charge You a minimum $35.00 charge as an early cancellation fee.
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain (and any applicable taxes) will be deducted from your refund. If you do not wish to keep the domain name, Atakdomain.com will take possession of the domain and the fee will not be charged.
The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
- by Atakdomain.com in the event of nonpayment by User,
- by Atakdomain.com, at any time, without notice, if, in Atakdomain.com's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in Atakdomain.com's sole and absolute discretion and/or judgment, could disrupt, Atakdomain.com's business operations and/or
- by Atakdomain.com as provided herein.
If You cancel this Agreement, upon proper notice to Atakdomain.com, prior to the end of the Initial Term or any successive period (or renewal period) thereafter,
- You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
Atakdomain.com may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any applicable taxes and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;
If your plan includes a free domain name, a fee for the domain and any applicable taxes will be deducted from your refund. If you do not wish to keep the domain name, Atakdomain.com will take possession of the domain and the fee will not be charged.
- We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the then-current Term (other than basic hosting fees as provided in (ii) above).
- Any cancellation request shall be effective thirty (30) days after receipt by Atakdomain.com, unless a later date is specified in such request.
AtakAtakdomain.com may terminate this Agreement, without penalty,
- if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
- Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 3(e), 4, 5, 15, 16, 20, 22 and 24 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which AtakAtakdomain.com may be entitled.
- UPON TERMINATION OF THIS AGREEMENT FOR ANY CAUSE OR REASON WHATSOEVER, USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION. Accordingly, User should always maintain back-up copies of User's web site and other User content and data so User may use such copies host elsewhere after such termination.
- You have ninety (90) days to dispute any charge or payment processed by Atakdomain.com. If you have a question concerning a charge you believe is incorrect, please contact us at [email protected]
User's Representations and Warranties.
- User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.
- User will cooperate fully with Atakdomain.com in connection with Atakdomain.com's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for Atakdomain.com's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify Atakdomain.com of any change in User's mailing address, telephone, electronic mail or other contact information.
- User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
- Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by Atakdomain.com to provide the Services, as the same may be changed by Atakdomain.com from time to time. Atakdomain.com shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by Atakdomain.com to provide the Services.
- User is solely responsible for making back-up copies of the User Web site and User Content.
- Atakdomain.com does not maintain backup copies of User Web sites or e-mail. Atakdomain.com cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Atakdomain.com strongly suggest that Users make an additional copy (on tape, CD, multiple floppy disks, another desktop, or elsewhere) to ensure the availability of the files. IT IS THE USER'S SOLE RESPONSIBILITY TO MAKE OFFLINE, BACK-UP COPIES OF THE USER'S WEB SITE AND USER CONTENT AND DATA. NOTE: IT IS ESSENTIAL THAT USERS BACKUP FILES OFFLINE, EVEN IF USER PURCHASES OR HAS PRODUCTS, SUCH AS SITE BACKUP AND RESTORE.
The user is responsible for maintaining complete backups for any files, content, software, or other items stored from time to time in a VPS account or VPS container. Atakdomain.com does not maintain such back-ups.
As part of Atakdomain.com's ongoing hosting, Atakdomain.com does create and store on a temporary basis VPS backups which are intended for Atakdomain.com's disaster recovery only which are typically available only in the event of hardware failure, and only for a short period thereafter. Atakdomain.com cannot guarantee the existence, accuracy or completeness of any backups. Please note that typically a complete VPS restoration will overwrite anything stored in your VPS account.
- User is responsible for maintaining the confidentiality of login and billing information. Atakdomain.com is not liable for any account disputes that may arise between various parties holding account login information. Atakdomain.com is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the Control Panel. User is responsible for updating and maintaining contact and billing information with Atakdomain.com. Any changes to the User contact information must be made using the account Control Panel or by contacting our Support Team. User is responsible for ensuring that Atakdomain.com is able to notify the User for technical, billing or other issues or purposes deemed necessary by Atakdomain.com to maintain the account.
- Free Web Hosting. If you have enrolled in a free plan, your Web site may carry advertising HTML for Atakdomain.com or a third party, which could include different types of advertisements, including banners or pop-ups. If you would prefer not to have such advertising on your Web site, we encourage you to sign up for a plan that does not include advertising. Our Support Team can help you choose the plan that is right for you
- User hereby represents and warrants to Atakdomain.com, and agrees that during the Initial Term and any Term thereafter User will ensure that:
- User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Atakdomain.com to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
- User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
- User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and
- User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
- User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation
- the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products,
- ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
- ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.
- User grants Atakdomain.com the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services
- In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.
- FOR MASSACHUSETTS RESIDENTS ONLY: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of user's in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [5.e ], "personal information" means information about an identifiable individual, including the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
- FOR CUSTOMERS OTHER THAN MASSACHUSETTS RESIDENTS: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of User's customers in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [5.f ], "personal information" means information about an identifiable individual, including the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
- digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
- make archival or back-up copies of the User Content and the User Web site.
- Except for the rights expressly granted above, Atakdomain.com is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
- Atakdomain.com, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that Atakdomain.com shall not be liable to User for any loss or damages that may result from such conduct.
Billing and Payment.
- Atakdomain.com Content. Except for User Content, all content available through the Services including without limitation any site builder tools, website templates, themes, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Atakdomain.com Content"), are the proprietary property of Atakdomain.com or its licensors. No Atakdomain.com Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted by Atakdomain.com. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Atakdomain.com Content. Any use of the Atakdomain.com Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Services and the Atakdomain.com Content granted herein. All rights of Atakdomain.com or its licensors that are not expressly granted in this Agreement are reserved to Atakdomain.com and its licensors.
- Licenses, Copyright Notices and Photo Credits. Any permitted use of Atakdomain.com Content is subject to the terms of any applicable license. Users shall not remove any copyright notices or photo credits appearing on any Atakdomain.com Content that Users have been granted the right to use. Any violation of this section will be deemed a breach of this Agreement.
Free Trial Terms. If you signed up for a free trial, the following terms and conditions apply to your free trial offer.
- User will pay to Atakdomain.com the service fees for the Services in the manner set forth in the Registration Form.
- Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. You will be notified of your pricing for EACH successive period (or renewal period) prior to the start of SUCH successive period (or renewal period). Your pricing for SUCH successive period (or renewal period) ALSO will be available through your control panel at the start of such successive period (or renewal period). Atakdomain.com may increase the Service Fee and Product fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing 30 days prior written notice thereof to User. Written notice may be in the form of (i) notices and updates in the User's Control Panel , (ii) Public Alerts issued by Domain.com, (iii) Notification of Successive Period Pricing ( or RENEWAL period pricing), or [(iv) posting of next scheduled rebill amount in User's Billing Central]. It is the User's sole responsibility to periodically review User's Billing Central information and all other methods of communications and notices sent or posted by Atakdomain.com.User may always check the User's Billing Central area to get an up-to-date statement of the current amount being billed to User for Services. It is the User's sole responsibility to periodically review users Billing Central information.
- The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Atakdomain.com's net income). All such taxes may be added to Atakdomain.com's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.
- Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice.
- If Atakdomain.com collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Atakdomain.com prevails in any action to which the User and Atakdomain.com are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Atakdomain.com's reasonable attorneys' fees.
- If any check is returned for insufficient funds Atakdomain.com may impose a minimum processing charge of $25.00 plus any applicable taxes.
- In the event that any amount due to Atakdomain.com is not paid when due, Atakdomain.com, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. NOTE: USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION.
- There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
- Wire transfers will be assessed a minimum charge of $35.00 plus applicable taxes.
- There may be a minimum charge of $35.00 plus applicable taxes for all credit card chargebacks.
- User acknowledges and agrees that Atakdomain.com may pre-charge User's fees for Services and products to its credit card supplied by User during registration for the Initial Term.
- YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.
Payment Policies - General
- Following the expiration of your trial period, you will be automatically charged for the remainder of the term using the credit card you previously provided unless you cancel the Services prior to the expiration of the trial period.
- If you have not provided Atakdomain.com with your credit card information and you have not decided to purchase the Services prior to the expiration of the trial, the Services will not be automatically renewed and your access to your website and files may be limited or terminated completely upon expiration.
- Accounts will not be activated or reactivated without prior payment.
- All hosting fees and domain name renewal fees are due at time of invoice for the renewing account and/or domain name.
- Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
- Any losses or expenses experienced by the User, due to actions taken by Atakdomain.com in response to Users non-payment, are not the responsibility of Atakdomain.com.
- Unless stated otherwise, a reference to 'USD$', '$US', 'dollar' or '$' is a reference to USA currency. All fees or other amounts hereunder shall be payable in US currency, provided however that in the event you signed up for your acc