Atrema Hosting Services
This agreement is between Atrema Technologies Inc (“Atrema”) and the Account Holder (“Customer”). These Terms & Conditions are applicable to Customers’ use of the hosting services offered by Atrema. By using any of the services or products provided or serviced by Atrema, either directly or through a reseller, Customer acknowledges having read, understood, and agreed to be bound by Atrema’s Terms and Conditions.
Atrema may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. Atrema may choose to provide the Customer with a prior written notice of the changes significantly impacting the Customer’s services, but Atrema will do so solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Atrema web site.
The services offered by Atrema are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, Atrema services are available only to persons aged 18 and over. If the Customer is under the age of 18, Customer may use Atrema’s services only with the permission and under the supervision of a parent or legal guardian. Atrema also reserves the right to restrict the user of Atrema services to Customers who have been temporarily or permanently suspended. If a registration is made on behalf of a corporation, the Customer certifies that they a duly authorized representative of that corporation.
3.1. Authorized Use
Customer agrees to be entirely responsible for any and all activities that occur under their account. Customer agrees to notify Atrema immediately of any unauthorized use of an account or of any other breach of security. Customer agrees Atrema will not be liable for any loss that Customer may incur as a result of someone else using Customers account access information, either with or without Customer’s knowledge. The Customer agrees to keep account access information in a secure location and take precautions to prevent others from gaining access to and/or using account access information.
Customers shall not include content or internet links to content on their site that contain, promote or involve any of the following:
Customers are solely responsible for the content stored on and served by Customer’s hosting accounts. Customers further agree to be responsible for all activity on Customers’ account, whether initiated by Customer, by others on Customers’ behalf, or by any other means.
Atrema agrees to provide Customer with storage space on Atrema’s server for the purpose of hosting a website.
The amount of space available for Customers’ website is subject to the limitations of the plan selected for purchase.
4.1. Limitation of CPU Resources
Customer acknowledges that the service may be provided on a shared server, depending on the service that the Customer is utilizing, and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Atrema server, including without limitation, use of highly active CGI scripts or chat scripts. In no case should a Customers website cause more than 10% sustained processor usage. Sustained in this context means in excess of 1 minute.
4.2. Limitation of File Types
Customer shall also not host executable binaries.
Atrema may grant exception to this policy upon receipt of written request from Customer.
4.3. Backup and Monitoring
Atrema performs regular courtesy backups of data stored on all shared hosting accounts. Backups are for internal disaster recovery and are not guaranteed. Under no circumstance will Atrema be held responsible for any loss resulting from incomplete or incorrect backups. The Customer is solely responsible for keeping copies of any files associated with the website and for monitoring the website.
Customer agrees to be bound by the bandwidth limitation of the plan selected for purchase. In the event the Customer exceeds the bandwidth limit, Atrema will contact the Customer and offer Customer the option to either upgrade the plan or reduce bandwidth usage. Atrema will reasonably cooperate with Customer in such instances. However, if Customer refuses to either upgrade the plan or reduce bandwidth usage, Atrema will have the right to deactivate the Customers website with no compensation to the Customer.
The following provisions apply to any Customer utilizing email service from Atrema.
5.1. Responsibility of the Customer
Customer is solely responsible for the content of their email messages. Customer is not permitted to transmit messages on the Atrema email service that
5.2. Account Size
The Customers mailbox is limited based on the plan purchased. When a Customer’s account approaches the maximum email box size, Atrema shall notify Customer by email that Customer’s account is approaching full capacity. If Customer does not subsequently delete email box contents to reduce email box size, then any further emails sent to Customer which results in Customer’s email box exceeding maximum capacity may be returned to sender without notice to Customer.
5.3. Spamming is Prohibited
Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from Customer. Atrema reserves the right to take legal and technical remedies to prevent Customer from sending spam. If Customer is found to be sending spam, Customer’s account may be terminated without notice with no compensation to the Customer.
5.4. Mailbox Privacy
Atrema considers Customer’s registration data and the content of all Customer’s messages to be private. Messages that Customer sends will be received with Customer’s name and Internet Protocol (IP) address contained within the header of the email message. Atrema will not intentionally monitor or disclose any of Customer’s email messages or registration data unless Atrema believes in good faith that Atrema is required to do so
Atrema encourages Customer to change passwords frequently and to not share them with anyone.
5.5. Personal Use
Customer agrees to be fully liable for the user of Customer’s mailbox, including any unauthorized use of mailbox by a third party. Customer agrees to notify Atrema immediately if Customer becomes aware of any unauthorized use of mailbox.
5.6. Cancellation of Mailbox
If Customer’s mailbox is cancelled by Customer or by Atrema, all email, including any attachments will automatically be deleted.
5.7. Proprietary Rights
Customer agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the email service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice.
5.8. Outgoing Email
Certain email plans may contain limits on outbound messages per day and the amount of bandwidth consumed.
5.10 Electronic Commerce
Customers will be solely responsible for the operation and maintenance of any personal online stores that are hosted by Atrema. This includes all material and/or content that the Customer may retail, including and without limitation-
Atrema will, at its own discretion, determine which Registrar will be used to register the requested domain name. Customer can determine which Registrar was used to register domain by performing a WHOIS verification on the domain name following its registration.
6.1. Availability and Registration
Atrema can only register on Customers’ behalf, domain names that have not already been registered and thus are deemed to be available. Payment of a domain name registration does not immediately guarantee the registration of that domain. Customer will be sent a domain registration confirmation once Atrema has confirmed the registration. In the event that a purchased domain name is not available or cannot be registered, Atrema’s support staff provide assistance in finding an alternate available domain name, or refund the purchase.
Customers may elect to have domain registrations renew automatically at one (1) year intervals by notifying Atrema as such and providing payment information for processing. Alternately, Atrema will issue renewal notices and renewal invoices by email prior to Customers’ domain’s expiry date in order to facilitate the renewal process, and will attempt to renew domains on Customers’ behalf following receipt of payment. A domain is an upfront, direct expense to Atrema, therefore we cannot renew a Customer domain without payment prior as there are no refunds.
In most cases, expired domain names can be renewed for up to 30 days following their expiration at the regular registration fee; however due to varying conditions based on the type of domain purchased, Atrema cannot guarantee the successful renewal of an expired domain name. Atrema will make all reasonable efforts to secure a domain’s renewal once payment is received, but cannot guarantee any specific results. In the event that a paid renewal cannot be completed, paid renewal fees will be refunded.
Certain domains expired for more than 30 days enter a special state called a “Redemption Period” in which they may not be transferred. The Customer may reactivate a domain name in its Redemption Period at an additional cost by contacting an Atrema representative.
6.3. Domain Agent Authorization
By having a domain registered with Atrema, Customer is authorizing Atrema to act as Designated Agent and to authorize registrant contact information changes on Customer’s behalf. This means Customer will be able to enjoy a streamlined contact information change process while still retaining full ownership of own domain.
Once registered or renewed successfully, domain names are non-refundable and are not eligible for refund. Paid domain name registrations, transfers, or renewals that could not be completed can be refunded following a written request submitted within 30 days of initial payment.
6.5. Limitation of Liability
Atrema is not responsible for any losses caused directly or indirectly by errors resulting from incorrect configuration or handling of the domain name, beyond the initial yearly registration, transfer, or renewal fees paid at the time of registration, transfer, or renewal.
6.6. Dispute Resolution Policy
Please refer to ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP) for the official policies with respect to a complaint about the registration or phrasing of a domain name that may be infringing trademarks. In the case of .CA domains, please refer to CIRA’s CDRP Process. As a domain reseller, Atrema cannot directly intervene or pass judgement in domain disputes.
The use and installation of SSL Certificates offered by Atrema are subject to the terms and conditions of the SSL Certificate vendor selected by Atrema. Following an SSL purchase, an Atrema technician will request a certificate from the SSL vendor and attempt to complete its installation on Customers account within 72 hours. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively with the address https://primarydomain.com, where primarydomain.com will be Customers domain name on which the SSL certificate installation was requested. A maximum of one (1) SSL certificate can be installed per hosting account and per IP address. SSL Certificates are non-transferable, non-refundable.
Atrema will make every effort to help Customer move a site to us within 48 hours of a request. However, transfers are provided as a courtesy service, and Atrema cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult if not impossible to migrate some or all account data. Atrema will make best efforts, but in some cases may be unable to assist Customer in a transfer of data from an previous hosting account. The site transfer service request must contain complete access details to Customers’ past account, in writing, via email, and must include all necessary login information to allow Atrema technicians to connect to previous hosting account. Requests placed after the initial 7-day period are subject to standard IT Support service rates.
Atrema accepts payments by cash, cheque, or Email Interac transfer, Visa, MasterCard and American Express. All payments must be made in Canadian dollars, unless Customer specifies when purchasing services that they wish to be billed and make payments in United States dollars.
A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice will carry a 1% interest fee, compounded monthly. Any returned or bounced checks or credit card chargebacks will incur additional fees of $35 plus taxes.
Any amount paid exceeding the invoiced amount will be added to Customers’ account in the form of a credit to be used automatically for any future payments.
Customers can request a refund within the context of Atrema’s satisfaction guarantee within 30 days upon service initiation by sending written request to firstname.lastname@example.org. Refunds are only available for web hosting and reseller hosting products. Refunds for payments made by credit card or wire transfer are subject to an administration fee. Refunds will be issued in a maximum of 30 days following the receipt of the complete refund request. The following products and services are non-refundable: domain name registrations and renewals, dedicated servers and SSL certificates. Setup and installation fees are non-refundable.
Billing errors can be credited for a maximum retroactive period of 2 months. In the unlikely event that a billing error comes to Customers’ attention, please contact Atrema as quickly as possible to correct the error.
In the event Customer issues a chargeback or reversal of charges Customer will be responsible for a $50 billing service fee. Cheques returned NSF (insufficient funds) will incur a penalty of $35.
Should the Customer break any of the terms and conditions that have been agreed upon, Atrema reserves the right to terminate/suspend services without notice and without liability. Termination can also occur, without further notice and without liability, if:
Atrema will never cancel services without first trying all possible options to best resolve whatever the issue may be. However, in certain extremities, we withhold the right to terminate all services without notice. There are no refunds offered for Customers who break Atrema’s terms of service and acceptable usage.
In the event that the Customer choose to cancel their services prior to the expiry date of their next renewal period, Atrema will not prorate the Customer bill or offer a refund for any services less than 3 months. The exception to this rule would be if Atrema failed to provide the services, as stated above in sub-section 12 (f).
Atrema Technologies does not claim or warrant that all services provided will be 100% uninterrupted, secure, or without errors at any given time. We do work extremely hard to provide the best service that we can reasonably provide, however Atrema releases liability to hold flawless connectivity, error-free service, and any other liabilities or representations of such a nature.
The Customer agrees to indemnify and hold blameless Atrema Technologies, Atrema’s affiliates and each of their respective officers, directors, agents, and employees from and against any and all claims, obligations, demands, penalties, fines, losses, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including any incurred costs with regards to attorneys) brought by a third party under any theory of legal liability arising out of/and or related to alleged use of any Customer’s services in violation of application law or the Terms and Conditions by Customer or any person impersonating the Customer.
As Atrema’s Customer, the Customer agrees to defend, indemnify, and hold harmless Atrema Technologies against liabilities that may arise in the case of
13.2 Limitation of Damages
Neither party shall be liable to the other for loss of profits and /or any direct, incidental, consequential or punitive loss or damage of any kind that may happen during the course of any agreement between the Customer and Atrema Technologies. Atrema Technologies holds no liability for any damages that are avoidable with reasonable care and due diligence.
13.3 The Entire Agreement
This agreement supersedes all prior agreements, written or oral, between Atrema Technologies and the Customer in regards to any and all services provided by Atrema. This agreement is the final representation of both parties’ intent relating to a mutual business relationship. There are no warranties, representations, covenants, or agreements between Atrema and the Customer except those expressly laid out in this document. Any amendments of this agreement shall be in writing, as stated in section 13.5.
13.4 Law Disputes
The Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada, applicable therein, without reference to the conflicts of laws provisions.
Atrema Technologies reserves the right to change our Terms of Agreement, within reason, at any time. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Atrema web site. Atrema agrees to share the updated changes with the existing Customer via email to the address provided upon initial agreement of services. If the Customer continues to use Atrema services after the revisions have been made and with prior knowledge, this is seen as acceptance of any changes. If the Customer disagrees with the updated Terms of Service, terminate the existing services and notify Atrema of the dissolution of the Agreement.
13.6 Force Majeure
Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall nonetheless exercise its best efforts to avoid and resolve such delay.
In the event such an event prevents Atrema from delivering services for a period in excess of ninety (90) days, then the Customer may elect to terminate this Agreement and/or cancel or suspend any services by written notice to Atrema.
In the event that any term, paragraph, article, or section of this Agreement is declared illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of these Terms will remain fully in force, provided that the most essential terms and conditions of this Agreement continue to be binding and are properly upheld. Should this occur, the Customer and/or Atrema can choose to terminate the agreement in compliance with section 12 of this document.
To notify Atrema Technologies that there has been a trademark violation in regards to any of the domains that we currently register, please email us at email@example.com for further instructions on how to handle a trademark /copyright claim.
This website and all patentable/non-patentable ideas, source code, materials and other intellectual property that are developed by Atrema Technologies, including those that are developed for the Customer under the terms of this Agreement, shall be deemed to be works for hire and shall belong exclusively to Atrema. To the extent that any works may not be deemed as works for hire, the Customer assigns all rights, and interest therein.
All rights not granted to Customer herein are expressly reserved by us. No portion of the materials obtained from or through this web site may be reprinted, republished, redistributed, reproduced, retransmitted or otherwise transferred in any form except for Customer’s private or internal business use without Atrema’s prior express written permission.
Atrema Technologies, Atrema Technologies logo, and other product/service names are private property. Without prior permission, Customer agrees not to display or use Atrema property in any manner without explicit permissions.