The intent of the following Terms and Conditions Of Service (TCOS) is to provide a legal framework under which Atomic North New Media ("Host/Atomic") and our customers can conduct business. The TCOS also serves to ensure that customers are using Host/Atomic services in a way that does not infringe on the rights of other customers and Internet users-at-large, and that no customer uses Host/Atomic's services in a way that is detrimental to other Host/Atomic customers.

All customers of Host/Atomic's services agree to be bound by these Terms and Conditions Of Service. Host/Atomic reserves the right to add to, modify, or delete any provision of these Terms and Conditions Of Service at any time and without notice. The amended Terms and Conditions Of Service will take effect upon its posting on Host/Atomic's website (www.hostatomic.com). These Terms and Conditions Of Service supersede all previous Terms and Conditions Of Service whether written, oral, by conduct, or otherwise.

Host/Atomic Terms and Conditions Of Service (TCOS)

Last Revision: July 19, 2006

• 1.0 Definitions
• 2.0 Host/Atomic's Obligations
• 2.1 Terms and Conditions Of Service
• 2.2 Service and Availability
• 2.3 Support
• 2.4 Subcontractors and Agents of Host/Atomic
• 2.5 Ownership of Customer Data and Domains
• 2.6 File Backups
• 2.7 Domains
• 2.8 Spam, Spamming, and Spammers
• 3.0 Customer Obligations
• 3.1 Terms and Conditions Of Service
• 3.2 Age of Account Owner
• 3.3 Billing Policy
• 3.4 Domain Registration
• 3.5 Account Cancellation By Customer
• 3.6 Use of Shared Resources
• 3.7 Email Storage On Server
• 3.8 Security
• 3.9 Incoming Email Blacklisting
• 3.10 System and Network Abuse
• 3.11 Viruses, Worms, Trojans, "Malware"
• 3.12 Common Gateway Interface (CGI) Scripts
• 3.13 Internet Relay Chat (IRC)
• 3.14 File Backups
• 3.15 Violation of Laws and Regulations
• 3.16 Internet Protocol (IP) Addresses
• 3.17 Adult Content
• 3.18 Child Pornography
• 3.19 Account Transfer
• 3.20 Other Legal Requirements
• 4.0 Conditions and Disclaimers
• 4.1 Indemnification
• 4.2 Disclaimer Of Warranties
• 4.3 Limitation of Liability
• 4.4 General Provisions
• 4.4.1 Force Majeure
• 4.4.2 Assignment
• 4.4.3 Severability
• 4.4.4 Choice of Law
• 4.4.5 No Agency
• 4.4.6 Modification Of These Terms and Conditions Of Service
• 4.4.7 Suspension and Termination
• 4.5 Agreement By Use

1.0 Definitions

The following terms are found in these Terms and Conditions Of Service and are used according to their definitions as presented below.

Account. A subscription to one Web hosting plan and/or any other Host/Atomic service.

Account owner. The individual or legal entity who is the purchaser-of-record for the account(s) and associated services covered by these Terms and Conditions Of Service. The account owner is the party who is responsible for ensuring that all users of the account and associated services adhere to these Terms and Conditions Of Service. In this document, the account owner is variously referred to as "customer", "you", "your" and "yours."

Account holder. The account holder must be an individual and is the person listed as the official account contact in a Web hosting account's control panel. In most cases, the account holder is the same as the account owner, however, there is no requirement that this be so.

Spam. Unsolicited email or Usenet messages selling services or products of any nature. Also known as Unsolicited Commercial Email (UCE).

Spamming. The act of sending spam or promoting tools to facilitate the sending of spam. In this Agreement, spamming includes: sending spam messages from a Host/Atomic account; sending spam messages from another ISP or hosting company's account that links, directly or indirectly, back to a site hosted by Host/Atomic; and the act of promoting and/or selling software tools, mailing lists, or other products and services that facilitate the sending of spam.

Terms and Conditions Of Service (TCOS). The contractual agreement (this document) between Host/Atomic and the customer for the provision and use of web hosting and associated services. In this document, Terms and Conditions Of Service is variously referred to as "TCOS" and "this Agreement."

User(s). The account owner and any individuals authorized by the account owner who make use of Host/Atomic's services under a specific account.

Atomic North New Media Atomic North New Media is the company providing information, web hosting, content, design, development and related services to customers. In this document, Atomic North New Media is variously referred to as "Host/Atomic" (an operating division of Atomic North New Media), "we", "us", "our", or "ours."

2.0 Host/Atomic's Obligations

2.1 Terms and Conditions Of Service

1. We will publish these Terms and Conditions Of Service (TCOS) on our website for all customers and prospective customers to view. The published location of this TCOS is:
   

   www.hostatomic.com/aboutpolicy_tcos.php

2. We reserve the right to change this TCOS at any time without prior notice to our customers.

2.2 Service and Availability

1. We will provide you with web hosting services on a shared-server network. This type of web hosting is often called "shared web hosting" because more than one customer may be hosted on a server and thus share server resources.
2. On average, Host/Atomic sustains a 99.9 percent level of availability for all web hosting and email services; we do not, however, guarantee this level of availability. The applicable web hosting and email services are limited to:
   
   • HTTP/HTTPS - protocols used for viewing web pages
   • FTP - protocols used for uploading pages to and downloading pages from your website, primarily to conduct website maintenance
   • POP3, IMAP, SMTP - protocols used for receiving email [POP3 and IMAP] and sending email [SMTP]
3. Host/Atomic will, from time to time, schedule maintenance on its equipment and software. During these times, one or more of the above services may become unavailable. Such maintenance activities should not exceed six (6) hours per calendar month. In general, we have very few maintenance outages and, historically, we have only rarely used all six hours.
4. Planned maintenance outages are scheduled for times that will affect the fewest number of customers. We recognize, and you should recognize, that we cannot pick a time that will affect no customers.
5. Scheduled outages for maintenance are not included in Host/Atomic's availability statistics unless they exceed six (6) hours per month.
6. Occasionally, it may become necessary to perform emergency updates to our systems as might be the case to meet an emerging security threat. We consider these outages to be part of our total six (6) hour monthly maintenance allotment.

2.3 Support

1. We will strive to resolve all support requests (without guarantee) within 48 hours of the time they were filed with the understanding that any and all requests will be filed via one of the accepted method(s) published at:
   

   support.hostatomic.com

2. Support is provided on a "best-efforts" and "good-faith" basis. Although every attempt will be made to resolve your support requests in an efficient and satisfactory manner, we make no guarantees that our support services will, in fact, resolve the support request to your satisfaction.
3. Our support desk operates between the hours of 9:00am to 5:00pm (Phone Support) and 9:00am to 10:00pm (Email Support), Monday through Friday.
4. We reserve the right to change our support desk hours of operation without notice.

2.4 Subcontractors and Agents of Host/Atomic

1. Host/Atomic obligations may be met directly or through the use of subcontractors and/or agents. The employment of subcontractors and/or agents does not relieve us of our obligations under this agreement.
2. Subcontractors and agents are required to observe this TCOS as well as our Privacy Policy, which is documented at:
   

   www.hostatomic.com/aboutpolicy_privacy.php

2.5 Ownership of Customer Data and Domains

1. Host/Atomic makes no claim or representation of ownership over your files and email as stored on our servers. You retain full ownership of your data.
2. Host/Atomic makes no claim or representation of ownership over your domain name(s) as registered on our servers or those of our domain registry service. You retain legal title to your domain name(s).

2.6 File Backups

1. Host/Atomic will use its best efforts to maintain and back up your web hosting, database, and email files.
2. Restoring backups of customer files is an added-cost item billed on an hourly rate basis. Host/Atomic cannot guarantee that any restoration of a backup will succeed; regardless of success, you will be billed for the time expended.

2.7 Domains

1. Host/Atomic does not offer domain name registry services as a reseller of such services.

2.8 Spam, Spamming, and Spammers

We will not knowingly host the domains of, nor provide services to, those involved in "spamming" in any context. SPAM AND SPAMMING IS EXPRESSLY PROHIBITED BY THIS AGREEMENT. WE WILL SUSPEND OR DELETE ANY ACCOUNT THAT WE FIND TO BE INVOLVED IN SPAMMING ACTIVITIES WITHOUT WARNING AND WITH NO REFUND OF ANY FEES. Suspected violations of our no-spam/no spamming policy should be brought to our attention immediately by sending an email to support@hostatomic.com.

3.0 Customer Obligations

3.1 Terms and Conditions Of Service

1. You agree to abide by these Terms and Conditions Of Service (TC0S) for each account you have at Host/Atomic .
2. You agree that Host/Atomic has the right to change this TCOS without prior notice to you and that you will abide by the revised TCOS.
3. You agree that it is your responsibility to check this TCOS for revisions on a regular basis. We suggest this should be once per month. The most recent version of the TCOS can always be found at:
   

   www.hostatomic.com/aboutpolicy_tcos.php

3.2 Age of Account Owner

You agree that you are 18 years of age or older. We cannot provide services to those under the age of 18 without the express written permission of that person's parent or legal guardian. This permission must be sent to us by postal mail and must include proof that the person providing the permission is, indeed, the minor's parent or legal guardian.

3.3 Billing Policy

1. You agree to the terms and conditions of our Billing Agreement, which is documented at:
   

   www.hostatomic.com/aboutpolicy_billing.php

2. OVER LIMIT FEES AND CHARGES: You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Host/Atomic may, in its sole discretion, assess you with additional charges. If Host/Atomic elects to take any corrective action, Host/Atomic will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Pricing for overage costs for resources can be found at our website at www.hostatomic.com/plans.php?mode=add.

3. You agree that web hosting services are billed in advance based on the terms of the web hosting plan to which you subscribed.
4. You agree that Host/Atomic reserves the right to change the fee charged for any Host/Atomic services under this agreement upon advance notice to you. The fee change will become effective at your next renewal.
5. If you paid by credit card, you agree that Host/Atomic may renew your account automatically for a term identical to your most recent previous term. If, for example, you were on an annual term, the automatic renewal would be for one year. If you were on a monthly term, the automatic renewal would be for one month.
6. If you paid by credit card, you further agree that Host/Atomic may continue to renew your account indefinitely until such time as you notify us in writing (by email, postal mail, or fax) that you wish to cancel your account. See Account Cancellation for details of the cancellation process.
7. You agree that there are no refunds after the first 30 days of service. You may cancel, without penalty and with full refund of your money up to 30 days from the date your account was initially activated.
8. You agree that in the event you exercised your right to cancel during the first 30 days, the following items are not refundable:
• Setup fees
• Domain registration and/or transfer fees
• Microsoft SQL Server storage
• Excess storage and data transfer fees
• Software license fees (e.g., Miva Merchant)
9. You agree that we reserve the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this Agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party.
10. You agree that you may not cancel your existing account and re-subscribe to take advantage of a promotional offer.
11. You agree that Host/Atomic may, at its option, suspend or delete your account for non-payment if your account is 15 days or longer past-due.
12. You agree that all past-due amounts are due and payable before you can cancel your account.
13. You agree that if we must use a collections agency to recover past-due amounts, you are liable for all fees, and collection costs.

3.4 Domain Registration

1. You agree that you are responsible for the renewal and renewal fees of any domain(s) that you have registered at, or transferred to, the Host/Atomic registrar. Host/Atomic does not automatically renew, or bill for, domain registrations.
2. You further agree to be bound by the Uniform Domain-Name Dispute-Resolution Policy (UDRP) specified by the Internet Corporation for Assigned Names and Numbers (ICANN). The UDRP is documented at:
   

   www.icann.org/udrp/udrp.htm

3.5 Account Cancellation By Customer

1. You agree that account cancellation must be done according to the procedure outlined in our Cancellation Policy, which is documented in our Billing Agreement, which is found at:
   

   www.hostatomic.com/aboutpolicy_billing.php

2. You further agree that the above-referenced cancellation procedure is the only manner in which you may cancel your account with us.
3. If you paid by credit card, you agree that Host/Atomic may renew your Web hosting subscription automatically until such time as you notify us in writing (by email, postal mail, or fax) that you wish to cancel your account.
4. You agree that all past-due amounts are due and payable before you can cancel your account.

3.6 Use of Shared Resources

Host/Atomic operates a shared hosting environment, which means that there are multiple customers hosted on any given server. In light of this:

• Maximum Daily SMTP Emails: We do not allow clients to send more than 100 e-mails per day from a shared hosting account. If you need to send more than 100 e-mails per day, we require that you sign and return an anti-spam agreement. Contact support for details at support@hostatomic.com.
• Maximum Recipients Per Email Sent Through Our SMTP Servers: We limit the number of recipients in a single email message being sent through our SMTP servers to 32 recipients.
• Website Development: You agree to design your websites in such a manner as to avoid overloading our servers by consuming inordinately large amounts of resources such as processor time, system memory, and network bandwidth.
• Excessive CPU Useage: You acknowledge and agree that you are paying for a host plan on a shared hosting environment and agree not to use excessive amounts of CPU or memory. You agree that you are not paying for a dedicated managed server and that you will not try to use your shared host plan as a dedicated server. We strongy discourage customers from storing and sharing files in any manner which may generate excessive traffic. In the event that your account generates an excessive load on any of the network's equipment, Host/Atomic (at our sole discretion) may suspend your account until the cause of any such overload is determined and resolved. You further agree that Host/Atomic will not be liable to you or any of your end users due to any corrective actions that we may take and that you will not be entitled to a refund of any fees paid in advance prior to corrective action. Host/Atomic shall be the sole arbiter of what is considered to be excessive server usage. Note that Host/Atomic is not responsible for validating or testing your code nor do we provide HTML or software coding assistance.

3.7 Email Abuse

The following activities are considered as email abuse and are prohibited:

1. Unsolicited Bulk Emailing: This includes, but is not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent if the receiver explicitly requested such information directly from you.
2. Stealth Emailing: This includes forging, altering or removing email headers
3. Mail Bombing: This includes sending a large number of emails to disrupt or compromise servers, systems or networks
4. Email Harassment: This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming: This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.

Such activities carried out from servers/systems not managed by Host/Atomic are ALSO prohibited if they link to websites, content or material hosted on Host/Atomic's servers/systems.

Emailing abuse carries a fine of up to $160 CAD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action.

3.8 Security

1. You agree that maintaining the security and integrity of its network is a prime responsibility of Host/Atomic and that in light of this, Host/Atomic may suspend your account without notice if it perceives your account to be a risk to the security of our network and/or other customers.
2. You agree that in the event of a security breach involving your account, you are liable for any unauthorized use of your account, your website, and your email. You are also liable for any damages the security breach may cause to Host/Atomic's servers, network, and other customers and for the costs Host/Atomic may incur in returning our service to its normal state.
3. You agree that if there are two or more security breaches of your account(s) and/or email, that Host/Atomic has the right to suspend or cancel your account on five (5) days notice.
4. You agree that it is your responsibility to maintain the confidentiality of passwords for your control panel and email accounts. We strongly recommend that you create and use "strong" passwords. Strong passwords are at least seven (7) characters in length, consist of a mix of upper- and lower-case alphabetic characters, numeric characters, and ideally, one or more special characters (e.g., #, $, %, *, and so on). Under no circumstances should you use passwords such as your name, the names of your children or pets, your birth date, and so on. These are prime candidates for abuse by hackers.
5. You agree that no security system is 100 percent failsafe and that your public files, email, and personal information could potentially be compromised by online attacks against our network and server security mechanisms or physical attacks against our facilities. Host/Atomic goes to significant lengths to ensure that its systems and facilities are secure, however, we cannot absolutely guarantee that no security breaches will occur.

3.9 Incoming Email Blacklisting

You agree that Host/Atomic may block incoming email from any open mail relay, Internet Protocol (IP) address, or other source if we believe that source is being used to send spam to Host/Atomic customers. Spam can so overburden our mail servers that all customers can experience slowdowns in receiving mail and even, potentially, lost mail.

3.10 System and Network Abuse

You agree not to violate, nor will you try to violate, the security of our network and servers. Doing so will result in the immediate termination of your account without notice or refund. You will also be prosecuted to the fullest extent of the law and you will be liable for all damages that occur as a result of your intrusion or intrusion attempt as well as costs to return Host/Atomic's systems and network to its normal state. Examples of such violations include, but are not limited to:

• Attempting to gain unauthorized access to our servers, network systems, or the data stored on these devices
• Conducting scans or other probes of our network to test for vulnerabilities
• Breaching authentication measures to gain unauthorized access to any account or service
• Interfering with any service to any customer of Host/Atomic or any host or network, either Host/Atomic's or otherwise
• Mail bombing
• Forging any TCP/IP header or any email or Usenet message header
• Conducting any type of Denial of Service (DoS) or Distributed Denial of Service (DDoS) attack

In regards to Proxies: Anonymous proxies, cookie hiding proxies, email proxies, and any other form of proxy is not allowed on any server. Any proxy found running on any account will be immediately disabled, and the user notified. If attempts to continue running proxies are made, the account may be suspended without further notice given. Proxies are deemed to be server abuse. They consume many cpu cycles, bandwidth, and use high amounts of memory. This includes all forms of proxies that may be run, from cgi, perl, php, python, asp, and asp.net, or any other scripting language, along with any form of XML based proxies.

3.11 Viruses, Worms, Trojans, "Malware"

You agree not to deliberately distribute viruses, worms, Trojans, other "malware," or tools to create same from your Website or through your email accounts. Doing so will result in the immediate termination of your account without notice or refund.

3.12 Common Gateway Interface (CGI) Scripts

You agree that if you're running a CGI script that poses a security risk to Host/Atomic's network and/or other customers, that facilitates spamming, or that adversely affects system performance, the script will be terminated and then removed without prior notice.

3.13 Internet Relay Chat (IRC)

Host/Atomic does not permit you to run IRC and IRC bots from your account. Doing so may result in suspension or termination of your account without notice.

3.14 File Backups

1. You agree that it is your responsibility to maintain a backup of all your web hosting files, scripts, email, and databases and that we offer no guarantee that we can restore such data from our own backups. We strongly recommend that you back up your data at regular intervals to avoid any problems.
2. You agree that, at your request, Host/Atomic may attempt to restore any data that you might have lost due to your own errors and omissions. This service is not guaranteed to succeed—it is performed on a best-efforts basis. Regardless of success, you will be invoiced for the time we expended in providing the restore service. Our Billing Agreement details the cost of this service and can be found at:

   www.hostatomic.com/aboutpolicy_billing.php

3.15 Violation of Laws and Regulations

1. Host/Atomic reserves the right to refuse service to anyone.
2. You agree to use the Host/Atomic resources to which you subscribe only for legal purposes under all applicable international, federal, provincial, or municipal laws.
3. You agree not to store, link to, transmit, advertise, or make available any materials or images that are obscene, threatening, abusive, harassing, defamatory, hateful, discriminatory, or racially or ethnically objectionable.
4. You agree to not promote intoxicants by displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance contrary to any laws.
5. You agree not to store, link to, transmit, advertise, or make available intellectual property, trade secrets, copyrighted materials, or trademarked materials for which you have no license to do so. You furthermore agree that Host/Atomic may either terminate your account without notice or issue a cease and desist warning to remove such materials in which case you will have 48 hours to comply. If you do not comply within 48 hours, we will have no choice but to terminate your account without refund.

3.16 Internet Protocol (IP) Addresses

1. Host/Atomic may assign you a fixed Internet Protocol (IP) address in order to take advantage of certain features of our Web hosting service. You agree that this IP address will remain under the control and ownership of Host/Atomic or its subcontractors. You further agree that you will have no right to use this IP address except as allowed by Host/Atomic and Host/Atomic reserves the right to change or remove any and all IP numbers and addresses.
2. Static / Dynamic Content Caching:You expressly (i) grant to Host/Atomic a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Host/Atomic under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

3.17 Adult Content

You agree that you will not distribute, promote, or sell adult content to include photographs, illustrations, anime, stories, videos, or sex paraphernalia through your Website or by email. You further agree not to include links to such material from your Website. This includes sites that may infer sexual content, contain nudity or links to adult content elsewhere. Host/Atomic will be the sole arbiter in determining violations of this provision. If you are found to be violating this clause, Host/Atomic reserves the right to terminate your account without notice or refund.

3.18 Child Pornography

You agree not to distribute or aid in the distribution of child pornography as defined by the laws of Canada. If we discover that you are doing so, we will:

• Immediately report you to the authorities and provide them with what information we have about you.
• Cooperate to the fullest extent with investigating law enforcement officials.
• Immediately terminate your account without warning and without refunds.

3.19 Account Transfer

You agree that you may not transfer your Web hosting account to another individual or other legal entity without first gaining our express written approval to do so.

3.20 Other Legal Requirements

1. You agree not to impersonate any person or entity.
2. You agree not to use Host/Atomic's services to stalk or harass any person or entity.
3. You agree not to provide instruction on committing illegal activities and acts, as defined by international, Canadian federal, provincial, or municipal law.
4. You agree not to provide instruction on creating bombs or other dangerous material.

4.0 Conditions and Disclaimers

4.1 Indemnification

1. You will indemnify and hold harmless Host/Atomic , its subcontractors, and its agents against any and all actions, claims, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Host/Atomic or its subcontractors, relating to:
• Your breach of any term or condition in this agreement, or your breach of any applicable Host/Atomic policy or guideline;
• Your use or inability to use Host/Atomic's services;
• Your violation, alleged violation, or misappropriation of any intellectual property right or non-proprietary right of a third party.
2. You agree to fully defend and indemnify and hold harmless Host/Atomic of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of Host/Atomic services or any portion thereof. Choice of counsel remains exclusively that of Host/Atomic .
3. You agree to fully defend and indemnify and hold harmless Host/Atomic of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any privacy legislation which is in any way related to your use of the Host/Atomic services or any portion thereof. You acknowledge that you are solely responsible for the data stored using the Host/Atomic services and solely responsible for ensuring that the Host/Atomic services are appropriate for the nature of the data being stored. Choice of counsel remains exclusively that of Host/Atomic .
4. You specifically waive any claim for damages of any kind, whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits, or loss of business as the result of Host/Atomic suspending or terminating your account in response to any claim of copyright infringement even if the material alleged to be infringing is subsequently found not to be infringing.
5. Notwithstanding anything in this Agreement, the content of the customer's Website is the sole responsibility of the customer. The customer agrees to indemnify, defend, and hold harmless Host/Atomic and its subcontractors and agents from any and all claims including, but not limited to: misappropriation of any copyright, patent, trademark, trade secret, data, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute losses, damages, liabilities, judgments, or settlements, including reasonable legal fees, costs, and other expenses incurred by Host/Atomic and any third party entities related to Host/Atomic, related to or in connection with the content of the customer's website.
6. The terms of this section ("Indemnification") will survive any termination of this agreement.

4.2 Disclaimer Of Warranties

1. YOUR USE OF THE HOST/ATOMIC WEB HOSTING SERVICE IS AT YOUR SOLE RISK. Host/Atomic services are provided on an as-is, as-available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. HOST/ATOMIC DOES NOT GUARANTEE, NOR IS IT RESPONSIBLE FOR, ANY DELAY OR LOSS OF DATA, LACK OF CONNECTION, SLOW CONNECTIONS, OR ANY OTHER ISSUE, EVEN IF IT IS DUE TO THE NEGLIGENCE OF HOST/ATOMIC.
2. Host/Atomic claims no control whatsoever over the content of the information passing through the Host/Atomic Web hosting system or that of Host/Atomic's subcontractors. Host/Atomic does not actively or passively monitor the content of any customer's Website unless we are investigating abuses to this Agreement. Host/Atomic's monitoring is based strictly on traffic patterns and traffic loads to ensure the security and performance of our networks and servers.
3. Any information obtained by you from the Internet may be offensive, incorrect, and possibly illegal. Excepting the information on its own Website, Host/Atomic has no control over the contents of any other Website on the Internet. Host/Atomic makes no warrantee as to the accuracy, suitability, or legality of any information that you acquire from the Internet nor does Host/Atomic provides any warrantee for any goods or services that you might acquire over the Internet.
4. Host/Atomic expressly disclaims any representation or warranty that Host/Atomic's services will be error-free, secure, or uninterrupted. No oral advice or written information given by Host/Atomic , its employees, licensors of the like, or subcontractors will create a warranty; nor may you rely on any such information or advice.
5. Although Host/Atomic , its subcontractors, and its agents will use all reasonable measures to maintain the security of our services, Host/Atomic assumes no responsibility for the effectiveness of the security measures provided by Host/Atomic or its subcontractors or agents.
6. The terms of this Section ("Disclaimer of Warranties") will survive any termination of this Agreement.

4.3 Limitation of Liability

1. Customer agrees that Host/Atomic 's liability and the customer's and end users' exclusive remedy related to the non-performance of the service shall be: (i) repair or adjustment of the service, or (ii) where repair or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to the customer for the portion of the service which were non-performing. For any other claim, Host/Atomic 's liability, if any, to the customer and end users for damages related to use of the service for any cause whatsoever and regardless of the form of action, shall be limited to those actually proven as directly attributable to Host/Atomic , and shall in no event exceed the total in aggregate monthly charges paid by the customer during the period the said damages were incurred, not to exceed two (2) months. Under no circumstances will Host/Atomic , its agents, suppliers or subcontractors be liable to customer or third party for any indirect incidental, special or consequential damages, expenses, costs, liability, loss, or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory. Customer agrees, acknowledges and confirms that the limitations of liability set out in this section are fair and reasonable in the commercial circumstances of this agreement and that Host/Atomic would not have entered into this agreement but for customer's agreement to limit Host/Atomic's, its agents', suppliers' and subcontractors' liability in the manner, and to the extent, provided for herein.
2. For greater certainty, customer agrees that Host/Atomic shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this agreement or the provision of the service, even if Host/Atomic has been advised of the possibility of such loss.
3. Host/Atomic assumes no liability arising from (i) the use of the service furnished by Host/Atomic in combination with service, products or equipment provided by customer or any third parties and (ii) the failure by the customer to perform its obligations.
4. Host/Atomic's host network or that of its subcontractors may experience periods of unavailability from time to time due to (but not restricted to) normal routine maintenance, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Host/Atomic be liable to the customer for any indirect, special or consequential damages, lost profits, or anticipated loss of profits, arising from, or related to, our hosting services, or the hosting services of our subcontractors.
5. The terms of this Section ("Limitation of Liability") will survive any termination of this Agreement.

4.4 General Provisions

4.4.1 Force Majeure

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

4.4.2 Assignment

This Agreement and the rights hereunder is not assignable or transferable except that Host/Atomic may freely assign all of its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Host/Atomic , or to any affiliated company or successor in interest of Host/Atomic. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio. Upon any such assignment by Host/Atomic to any other party, including to any affiliated company or successor in interest of Host/Atomic , you have the right to terminate this Agreement by giving notice thereof in writing to Host/Atomic and any such termination shall become effective thirty (30) days after the receipt of such notice by Host/Atomic .

4.4.3 Severability

The invalidity, illegality or unenforceability of any one or more provisions of this Agreement shall not affect or impair any other provisions of this Agreement.

4.4.4 Choice of Law

The customer agrees to attempt to resolve any disputes with Host/Atomic prior to resorting to litigation. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada. Any action relating to this Agreement must be brought in the provincial courts located in London, Ontario, Canada.

4.4.5 No Agency

Nothing contained herein shall be interpreted as creating an agency, partnership or joint venture between Host/Atomic and you.

4.4.6 Modification Of These Terms and Conditions Of Service

Host/Atomic reserves the right modify any provision of its Terms and Conditions Of Service at any time without prior notice to customers.

4.4.7 Suspension and Termination

1. Failure to observe the terms and conditions set forth in this agreement can result in anything from a warning to a suspension of privileges or immediate termination of your shared hosting account. Host/Atomic may refer potential violations of laws to the proper authorities, and may also cooperate in the investigation of any suspected criminal or civil wrong.
2. Without prior notification, Host/Atomic reserves the right to suspend or terminate any shared hosting account, as well as remove or modify any files which are deemed to be illegal or a threat to Host/Atomic's Web hosting system or that of its subcontractors.
3. Host/Atomic will be the sole arbiter as to what constitutes a violation of our Terms and Conditions Of Service. Host/Atomic reserves the right to remove any account without prior notice for breach of any terms of this agreement.
4. If Host/Atomic terminates the services being provided to you due to a breach of any terms of this agreement, then such termination shall be without refund, even if within the 30-day money-back guarantee time period.

4.5 Agreement By Use

Use of Host/Atomic's Web hosting system constitutes acceptance of the above Terms and Conditions Of Service.