THE AGREEMENT. Your use of Atlantic.Net services is governed by these
Terms of Service, the Atlantic.Net Cloud Acceptable Use Policy, and the
terms of your Order. When we use the term "Agreement" in any of the
Order, Terms of Service, or Acceptable Use Policy, we are referring
collectively to all of them. If the individual who submits an Order does
so on behalf of a company or other legal entity, the individual
represents that he or she has authority to bind that entity to the
Agreement. This Agreement is the complete and exclusive agreement
between you and Atlantic.Net regarding its subject matter and supersedes
and replaces any prior agreement, understanding, or communication,
written or oral.
1. DEFINED TERMS. Some words used in the Agreement have particular
meanings:
"Acceptable Use Policy" or "AUP" means the Atlantic.Net Cloud Acceptable
Use Policy posted at
https://www.atlantic.net/service-policies/acceptable-use-policy/ as of the
date you sign the Order, as it may be amended pursuant to Section 21 below.
"Business Day" means 8:00 a.m. – 5:00 p.m. Monday through Friday, United
States eastern time, excluding federal public holidays in the United States.
"Confidential Information" means all information disclosed by one of us
to the other, whether before or after the effective date of the
Agreement, that the recipient should reasonably understand to be
confidential, including: (i) for you, all information transmitted to or
from, or stored on, the Atlantic.Net cloud system, (ii) for
Atlantic.Net, unpublished prices and other terms of service, audit and
security reports, product development plans, data center designs
(including non-graphic information you may observe on a tour of a data
center), server configuration designs, and other proprietary information
or technology, and (iii) for both of us, information that is marked or
otherwise conspicuously designated as confidential. Information that is
developed by one of us on our own, without reference to the other's
Confidential Information, or that becomes available to one of us other
than through violation of the Agreement or applicable law, shall not be
"Confidential Information" of the other party.
"Junk Mail" means email that is captured by our mail filter and other
email that is reported by you to Atlantic.Net as undesirable.
"Order" means either: (i) the online order that you submit to
Atlantic.Net via the Atlantic.Net website, or (ii) any other written
order (either in electronic or paper form) provided to you by
Atlantic.Net for signature that describes the Services you are
purchasing, and that is signed by you, either manually or electronically.
"Services" means those services described in the Order.
2. ATLANTIC.NET'S OBLIGATIONS. Contingent on Atlantic.Net's acceptance
of your Order, and subject to these Terms of Service, Atlantic.Net
agrees to provide the Services.
3. YOUR OBLIGATIONS. You agree to do each of the following: (i)
comply with applicable law and the Atlantic.Net Cloud Acceptable Use
Policy (ii) pay when due the fees for the Services, (iii) use
reasonable security precautions in light of your use of the Services,
(iv) cooperate with Atlantic.Net's reasonable investigation of outages,
security problems, and any suspected breach of the Agreement, (v) keep
your billing contact and other account information up to date; and (vi)
immediately notify Atlantic.Net of any unauthorized use of your account
or any other breach of security. In the event of a dispute between us
regarding the interpretation of applicable law or the AUP,
Atlantic.Net's reasonable determination shall control.
4. ACCESS TO THE SERVICES. You may access the Services via the online
control panel, or via a Atlantic.Net-provided Application Programming
Interface or API. Atlantic.Net may modify its control panel or APIs at
any time, or may transition to new API's. Your use of any API you
download from the Atlantic.Net website is governed by the license terms
included with the code in the file named "COPYING" or "LICENSE" or like
caption.
5. SERVICE LEVEL AGREEMENT. The Service Level Agreement located at
https://www.atlantic.net/service-policies/cloud-service-level-agreement/ is
hereby incorporated by reference into this agreement.
6. TERM. The initial term for each Order begins on the date we make
the Services available for your use and continues for the period stated
in the Order. If no period is stated in the Order, then the initial
term shall be one month. Upon expiration of the initial term, the Order
will automatically renew for successive renewal terms of one month each,
unless and until one of us gives the other a written notice of
non-renewal prior to the expiration of the initial term, or then-current
renewal term, as applicable. If the services purchased are offered on a
hourly basis your term will start when we make the Services available
for your use and will continue until you delete them.
7. FEES. Atlantic.Net will charge you the fees stated in your Order.
If you have made a minimum commitment in your Order, and your actual
usage does not meet or exceed the minimum commitment, Atlantic.Net will
charge you the difference between your minimum commitment and your
actual usage. Unless you have made other arrangements, Atlantic.Net will
charge your credit card without invoice as follows: (i) for recurring
fees, in advance, on or around the first day of each billing cycle, and
(ii) for non-recurring fees (such as fees for initial set-up, overages,
compute cycle fees, and domain name registration) on or around the date
incurred, or on or around the first day of the billing cycle that
follows the date incurred, at Atlantic.Net's option; provided that
Atlantic.Net may wait to charge your credit card until the total
aggregate fees due are at least $20. Unless otherwise agreed in the
Order, your billing cycle will be monthly, beginning on the date that
Atlantic.Net first makes the Services available to you. Atlantic.Net
may suspend all services (including services provided pursuant to any
unrelated Order or other agreement we may have with you) if our charges
to your credit card are rejected for any reason. Atlantic.Net may
charge interest on overdue amounts at 1.5% per month (or the maximum
legal rate if it is less than 1.5%). If any amount is overdue by more
than thirty (30) days, and Atlantic.Net brings a legal action to
collect, or engages a collection agency, you must also pay
Atlantic.Net's reasonable costs of collection, including attorney fees
and court costs. All fees are stated and will be charged in US Dollars.
Any "credit" that we may owe you, such as a credit for failure to meet
a service level guarantee, will be applied to fees due from you for
services, and will not be paid to you as a refund. Charges that are not
disputed within sixty (60) days of the date charged are conclusively
deemed accurate. You authorize Atlantic.Net to obtain a credit report
at any time during the term of the Agreement.
8. FEE INCREASES. If you are under a month-to-month contract, then we
may increase fees at any time on forty-five (45) days advance written
notice. If the initial term of your Agreement is longer than one month,
then we may increase your fees effective as of the first day of the
renewal term that first begins forty-five days from the day of our
written notice of a fee increase. In addition, if during the initial
term or any renewal term there is an increase in the Producer Price
Index over the Producer Price Index reported for the month in which you
signed your Order, we may increase your fees by the same percentage as
the increase in the Producer Price Index; provided that we may not
increase your fees pursuant to this sentence more often than once per
twelve months, and we must give you at least thirty days advance written
notice of the increase. The "Producer Price Index" means the Producer
Price Index for Finished Goods, WPUSOP3000, not seasonally adjusted, and
first published as "preliminary" data by the United States Bureau of
Labor Statistics in its PPI Detailed Report or successor publication.
For historical information on the Producer Price Index, you may visit
the Bureau of Labor Statistics website.
9. SUSPENSION. We may suspend your Services without liability if: (i)
we reasonably believe that the Services are being used (or have been or
will be used) in violation of the Agreement, (ii) we discover that you
are, or are affiliated in any manner with, a person who has used similar
services abusively in the past; (iii) you don't cooperate with our
reasonable investigation of any suspected violation of the Agreement;
(iv) we reasonably believe that your Services have been accessed or
manipulated by a third party without your consent, (v) we reasonably
believe that suspension of the Services is necessary to protect our
network or our other customers, (vi) a payment for the Services is
overdue, or (vii) suspension is required by law. We will give you
reasonable advance notice of a suspension under this paragraph and a
chance to cure the grounds on which the suspension are based, unless we
determine, in our reasonable commercial judgment, that a suspension on
shorter or contemporaneous notice is necessary to protect Atlantic.Net
or its other customers from imminent and significant operational or
security risk. If the suspension was based on your breach of your
obligations under the Agreement, then we may continue to charge you the
fees for the Services during the suspension, and may charge you a
reasonable reinstatement fee (not to exceed $150) upon reinstatement of
the Services.
10. TERMINATION FOR CONVENIENCE; EARLY TERMINATION FEE. You may
terminate the Agreement for convenience at any time on thirty days
advance written notice. If you terminate the Agreement for convenience,
in addition to other amounts you may owe, you must pay an early
termination fee equal to any minimum monthly financial commitment you
have made for the remaining portion of the then-current term.
11. TERMINATION FOR BREACH. We may terminate the Agreement for breach
on written notice if: (i) we discover that the information you provided
to us about yourself or your proposed use of the Services was materially
inaccurate or incomplete, (ii) if you are an individual, you were not
at least 18 years old or otherwise did not have the legal capacity to
enter into the Agreement at the time you submitted the Order for
Services, or if you are an entity or fiduciary, the individual
submitting the Order for Services did not have the legal right or
authority to enter into the Agreement on behalf of the person
represented to be the customer, (iii) your payment of any invoiced
amount is overdue, and you do not pay the overdue amount within three
(3) days of our written notice, (iv) a credit report indicates you no
longer meet our reasonable credit criteria, provided that if we
terminate on these grounds, we must give you a reasonable opportunity to
migrate your environment out of Atlantic.Net in an orderly fashion, (v)
you use your Service in violation of the AUP and fail to remedy the
violation within ten (10) days of our written notice, (vi) you violate
the AUP more than once, even if you cure each violation, or (vii) you
fail to comply with any other provision of the Agreement and do not
remedy the failure within thirty (30) days of our notice to you
describing the failure.
You may terminate the Agreement for breach on written notice if: (i) we
materially fail to provide the Services as agreed and do not remedy that
failure within five (5) days of your written notice describing the
failure, or (ii) we materially fail to meet any other obligation stated
in the Agreement and do not remedy that failure within thirty (30) days
of your written notice describing the failure.
12. ACCESS TO DATA.
12.1 You will not have access to your data stored on the Atlantic.Net
Cloud™ system during a suspension or following termination.
12.2 We backup the Atlantic.Net Cloud systems on a periodic basis so
that we are able to more quickly restore the systems in the event of a
failure. These backups are made on a snap-shot basis and, therefore,
capture only the information that exists on the system at the time of
the backup. In addition, we may destroy all but the most recent backup.
These backups may not be available to you or, if available, may not be
useful to you outside of the Atlantic.Net Cloud systems.
12.3 Although the Atlantic.Net Cloud service may be used as a backup
service, you agree that you will maintain at least one additional
current copy of your programs and data stored on the Atlantic.Net Cloud
system somewhere other than on the Atlantic.Net Cloud system .
13. UNAUTHORIZED ACCESS TO YOUR DATA OR USE OF THE SERVICES.
Atlantic.Net is not responsible to you for unauthorized access to your
data or the unauthorized use of the Services unless the unauthorized
access or use results from Atlantic.Net's failure to meet its security
obligations stated in the Agreement. You are responsible for the use of
the Services by any employee of yours, any person to whom you have given
access to the Services, and any person who gains access to your data or
the Services as a result of your failure to use reasonable security
precautions, even if such use was not authorized by you.
14. DISCLAIMERS. We do not promise that the Services will be
uninterrupted, error-free, or completely secure. You acknowledge that
there are risks inherent in Internet connectivity that could result in
the loss of your privacy, Confidential Information, and property.
Atlantic.Net has no obligation to provide security other than as stated
in this Agreement. We disclaim any and all warranties not expressly
stated in the Agreement, including the implied warranties of
merchantability, fitness for a particular purpose, and noninfringement.
You are solely responsible for the suitability of the service chosen.
If you have not made the minimum financial commitment for support and
SLA coverage, the Services are provided AS IS. Any voluntary services
we may perform for you at your request and without any additional charge
are provided AS IS.
15. EXPORT MATTERS. You represent and warrant that you are not on the
United States Department of Treasury, Office of Foreign Asset Controls
list of Specially Designated National and Blocked Persons and are not
otherwise a person to whom Atlantic.Net is legally prohibited to provide
the Services. You may not use the Services for the development, design,
manufacture, production, stockpiling, or use of nuclear, chemical or
biological weapons, weapons of mass destruction, or missiles, in a
country listed in Country Groups D: 4 and D: 3, as set forth in
Supplement No. 1 to the Part 740 of the United States Export
Administration Regulations, nor may you provide administrative access to
the Service to any person (including any natural person or government or
private entity ) that is located in or is a national of Cuba, Iran,
Libya, Sudan, North Korea or Syria or any country that is embargoed or
highly restricted under United States export regulations.
16. CONFIDENTIAL INFORMATION. Each of us agrees not to use the other's
Confidential Information except in connection with the performance or
use of the Services, as applicable, the exercise of our respective legal
rights under the Agreement, or as may be required by law. Each of us
agrees not to disclose the other's Confidential Information to any third
person except as follows:
(i)to our respective service providers, agents, and representatives,
provided that such service providers, agents, or representatives agree
to confidentiality measures that are at least as stringent as those
stated in these General Terms and Conditions.
(ii)to law enforcement or government agency if required by a subpoena or
other compulsory legal process, or if either of us believes, in good
faith, that the other's conduct may violate applicable criminal law as
required by law; or
(iii)in response to a subpoena or other compulsory legal process,
provided that each of us agrees to give the other written notice of at
least seven days prior to disclosing Confidential Information under this
subsection (or prompt notice in advance of disclosure, if seven days
advance notice is not reasonably feasible), unless the law forbids such
notice.
17. LIMITATION ON DAMAGES. Our obligations to you are defined by this
Agreement. We are not liable to you for failing to provide the Services
unless the failure results from a breach of this Agreement, or results
from our gross negligence or willful misconduct. If you have made the
minimum financial commitment for coverage under a Service Level
Agreement, the dollar credits stated in the Service Level Agreement are
your sole and exclusive remedy for unavailability of the Services.
Neither of us (nor any of our employees, agents, affiliates or
suppliers) is liable to the other for any lost profits or any other
indirect, special, incidental or consequential loss or damages of any
kind, or for any loss that could have been avoided by the damaged
party's use of reasonable diligence, even if the party responsible for
the damages has been advised or should be aware of the possibility of
such damages. In no event shall either of us be liable to the other for
any punitive damages.
Notwithstanding anything in the Agreement to the contrary, except for
liability based on willful misconduct or fraudulent misrepresentation,
and liability for death or personal injury resulting from Atlantic.Net's
negligence, the maximum aggregate monetary liability of Atlantic.Net and
any of its employees, agents, suppliers, or affiliates in connection
with the Services, the Agreement, and any act or omission related to the
Services or Agreement, under any theory of law (including breach of
contract, tort, strict liability, violation of law, and infringement)
shall not exceed the greater of (i) the amount of fees you paid for the
Services for the six months prior to the occurrence of the event giving
rise to the claim, or (ii) Five Hundred Dollars ($500.00).
18. INDEMNIFICATION. If we, our affiliates, or any of our or their
respective employees, agents, or suppliers (the "Atlantic.Net
Indemnitees") are faced with a legal claim by a third party arising out
of your actual or alleged gross negligence, willful misconduct,
violation of law, failure to meet the security obligations required by
the Agreement, violation of the AUP, or violation of Section 15 (Export
Matters) of these Terms and Conditions, then you will pay the cost of
defending the claim (including reasonable attorney fees) and any damages
award, fine, or other amount that is imposed on the Atlantic.Net
Indemnitees as a result of the claim. Your obligations under this
subsection include claims arising out of the acts or omissions of your
employees, any other person to whom you have given access to the
Services, and any person who gains access to the Services as a result of
your failure to use reasonable security precautions, even if the acts or
omissions of such persons were not authorized by you. If you resell the
Services, the grounds for indemnification stated above also include any
claim brought by your customers or end users arising out of your resale
of the Services. We will choose legal counsel to defend the claim,
provided that these decisions must be reasonable and must be promptly
communicated to you. You must comply with our reasonable requests for
assistance and cooperation in the defense of the claim. We may not
settle the claim without your consent, although such consent may not be
unreasonably withheld. You must pay expenses due under this Section as
we incur them.
19. THIRD PARTY SOFTWARE. In addition to the terms of our Agreement,
your use of any third party software is governed by the third party's
software license terms.
20. WHO MAY USE THE SERVICE. You may resell the Services, but you are
responsible for use of the Services by any third party to the same
extent as if you were using the Services yourself. If you resell any
part of the Services then you must include in a written agreement with
your customers the content of Section 23 (No High Risk Use). Unless
otherwise agreed, Atlantic.Net will provide support only to you, not to
any other person you authorize to use the Services. There are no third
party beneficiaries to the Agreement, meaning that third parties do not
have any rights against either of us under the Agreement.
21. CHANGES TO THE ACCEPTABLE USE POLICY. We may change our Acceptable
Use Policy, provided that any changes are reasonable and consistent with
applicable law and industry norms. Any such changes made during the
term of your Agreement will become effective to your account upon the
first to occur of: (i) renewal, (ii) your execution of a new/additional
Order for your account that incorporates the revised AUP or General
Terms, or (iii) thirty (30) days following our notice to you describing
the change. If the change materially and adversely affects you, you may
terminate the Agreement by giving us written notice of termination on
such grounds no later than thirty (30) days following the date the
change became effective for your account, and we will not enforce the
change with respect to that account for thirty (30) days following the
date of your notice. If you terminate your Service because the change
adversely affects you, we may decide not to enforce that change with
respect to your account and keep your Agreement in place for the
remainder of the term.
22. NOTICES. Your routine communications regarding the Services should
be sent to your Atlantic.Net Cloud account team using your Atlantic.Net
Cloud control panel. If you want to give us a notice regarding
termination of the Agreement for breach, indemnification, or other
non-routine legal matter, you should send it by electronic mail and
first-class United States mail to:
[email protected]
General Counsel
Atlantic.Net
440 West Kennedy Blvd, Suite 3
Orlando, FL 32810
Atlantic.Net's routine communications regarding the Services and legal
notices will be sent to the individual(s) you designate as your
contact(s) on your account either by electronic mail, United States
mail, or overnight courier, except that Atlantic.Net may give notice of
an amendment to the AUP by posting the notice on your Atlantic.Net Cloud
control panel. Notices are deemed received as of the time delivered, or
if that time does not fall within a Business Day, as defined below, as
of the beginning of the first Business Day following the time delivered,
except that notices of AUP amendments are deemed delivered as of the
first time that you log on to your Atlantic.Net Cloud control panel
after the time that the notice is posted. For purposes of counting days
for notice periods, the Business Day on which the notice is deemed
received counts as the first day. Notices must be given in the English
language.
23. NO HIGH RISK USE. You may not use the Services in any situation
where failure or fault of the Services could lead to death or serious
bodily injury of any person, or to physical or environmental damage. For
example, you may not use, or permit any other person to use, the
Services in connection with aircraft or other modes of human mass
transportation, nuclear or chemical facilities, or Class III medical
devices under the Federal Food, Drug and Cosmetic Act.
24. OWNERSHIP OF INTELLECTUAL PROPERTY
Each of us retains all right, title and interest in and to our
respective trade secrets, inventions, copyrights, and other intellectual
property. Any intellectual property developed by Atlantic.Net during
the performance of the Services shall belong to Atlantic.Net unless we
have agreed with you in advance in writing that you shall have an
interest in the intellectual property.
25. IP ADDRESSES. Upon expiration or termination of the Agreement, you
must discontinue use of the Services and relinquish use of the IP
addresses and server names assigned to you by Atlantic.Net in connection
with Services, including pointing the DNS for your domain name(s) away
from Atlantic.Net Services.
26. ASSIGNMENT/SUBCONTRACTORS
You may not assign the Agreement without Atlantic.Net's prior written
consent. We may assign the Agreement in whole or in part as part of a
corporate reorganization or a sale of our business, and we may transfer
your Confidential Information as part of any such transaction.
Atlantic.Net may use third party service providers to perform all or any
part of the Services, but Atlantic.Net remains responsible to you under
this Agreement for work performed by its third party service providers
to the same extent as if Atlantic.Net performed the Services itself.
27. FORCE MAJEURE
Neither of us will be in violation of the Agreement if the failure to
perform the obligation is due to an event beyond our control, such as
significant failure of a part of the power grid, significant failure of
the Internet, natural disaster, war, riot, insurrection, epidemic,
strikes or other organized labor action, terrorism, or other events of a
magnitude or type for which precautions are not generally taken in the
industry.
28. GOVERNING LAW, LAWSUITS
The Agreement is governed by the laws of the State of Florida, exclusive
of any Florida choice of law principle that would require the
application of the law of a different jurisdiction, and the laws of the
United States of America, as applicable. The Agreement shall not be
governed by the United Nations Convention on the International Sale of
Goods. Exclusive venue for all disputes arising out of the Agreement
shall be in the state or federal courts in Orange County, Florida, and
we each agree not to bring an action in any other venue. You waive all
objections to this venue and agree not to dispute personal jurisdiction
or venue in these courts. You agree that you will not bring or
participate in any class action lawsuit against Atlantic.Net or any of
its employees or affiliates. Each of us agrees that we will not bring a
claim under the Agreement more than two years after the time that the
claim accrued.
29. SOME AGREEMENT MECHANICS
These Terms of Service may have been incorporated in your Order by
reference to page on the Atlantic.Net website. Although we may from
time to time revise the Terms of Service posted on that page, those
revisions will not be effective as to an Order that we accepted prior to
the date we posted the revision, and your Order will continue to be
governed by the Terms of Service posted on the effective date of the
Order. However, any amended Terms of Service will become effective on
the first day of the renewal period that follows the date that the new
Terms of Service were posted by at least thirty days. In addition, if
over time you sign multiple Orders for a single account, then the Terms
of Service incorporated in the latest Order posted on the effective date
of the latest Order will govern the entire account. Atlantic.Net may
accept or reject any Order you submit in its sole discretion.
Atlantic.Net's provisioning of the Services described in an Order shall
be Atlantic.Net's acceptance of the Order.
An Order may be amended by a formal written agreement signed by both
parties, or by an exchange of correspondence, including electronic mail,
that includes the express consent of an authorized individual for each
of us. Any such correspondence that adds or modifies Services in
connection with an account established by an Order shall be deemed to be
an amendment to that Order, notwithstanding the fact that the
correspondence does not expressly refer to the Order.
Other than as stated herein, the Agreement may be modified only by a
formal document signed by both parties.
If there is a conflict between the terms of any of the documents that
comprise the Agreement, the documents will govern in the following
order: Order, Terms of Service, and the Acceptable Use Policy. If any
part of the Agreement is found unenforceable by a court or other
tribunal, the rest of the Agreement will nonetheless continue in effect,
and we agree that the tribunal may reform the unenforceable part if it
is possible to do so consistent with the material economic incentives of
the parties resulting in this Agreement. Each of us may enforce each of
our respective rights under the Agreement even if we have waived the
right or failed to enforce the same or other rights in the past. Our
relationship is that of independent contractors and not business
partners. Neither of us is the agent for the other, and neither of us
has the right to bind the other on any agreement with a third party. The
captions in the Agreement are for convenience only and are not part of
the Agreement. The use of the word "including" in the Agreement shall
be read to mean "including without limitation." Sections 1, 7, 10, 16,
17, 18, 22, 24, 28, 29, 31 and all other provisions that by their nature
are intended to survive expiration or termination of the Agreement shall
survive expiration or termination of the Agreement.
If you have made any change to the Agreement documents that you did not
bring to our attention in a way that is reasonably calculated to put us
on notice of the change, the change shall not become part of the Agreement.
The Agreement may be signed in multiple counterparts, which, taken
together, will be considered one original. Facsimile signatures,
signatures on an electronic image (such as .pdf or .jpg format), and
electronic signatures shall be deemed to be original signatures.
ADDITIONAL TERMS FOR CERTAIN SERVICES
30. DOMAIN NAME REGISTRATION SERVICES. If you register, renew, or
transfer a domain name through Atlantic.Net, Atlantic.Net will submit
the request to its domain name services provider (the "Registrar") on
your behalf. Atlantic.Net's sole responsibility is to submit the
request to the Registrar. Atlantic.Net is not responsible for any
errors, omissions, or failures of the Registrar. You are responsible
for closing any account with any prior reseller of or registrar for the
requested domain name, and you are responsible for responding to any
inquiries sent to you by the Registrar.
31. BETA SERVICES. If you elect to participate in any beta test of a
Atlantic.Net Service (a "Beta Service"), then your use of the Beta
Service is subject to the following terms:
i. You acknowledge that the Beta Service is a pre-release version and
may not work properly.
ii. You acknowledge that your use of the Beta Service may expose you to
unusual risks of operational failures.
iii. You should not use the pre-release version of the Beta Service in a
live production environment. You must not use the Beta Service in any
hazardous environments, life support, or weapons systems.
iv. We may terminate the Beta Service at any time, in our sole discretion.
v. The commercially released version of the Beta Service may change
substantially from the pre-release version, and programs that use or run
with the pre-release version may not work with the commercial release or
subsequent releases.
vi. You are not entitled to any service level credits under our service
level guaranties for downtime or other problems that may result from
your testing.
vii. During the beta tests we will provide support for your use of the
beta service only during our normal business hours – 8:00 a.m. – 5:00
p.m. Eastern Time, and not 24x7 as with our standard services.
viii. You agree to provide prompt feedback regarding your experience
with the Beta Service in a form reasonably requested by us, including
information necessary to enable us to duplicate errors or problems you
experience. You agree that we may use your feedback for any purpose,
including product development purposes. At our request you will provide
us with comments that we may use publicly for press materials and
marketing collateral. Any intellectual property inherent in your
feedback or arising from your testing of the service shall be owned
exclusively by Atlantic.Net.
ix. You agree that all information regarding your beta test, including
your experience with and opinions regarding the Beta Service, is
"Confidential Information" of Atlantic.Net, as defined in these Terms of
Service, and may not be disclosed to a third party or used for any
purpose other than providing feedback to Atlantic.Net.
x.The Beta Service is provided "AS IS" with no warranty whatsoever.
xi.To the extent permitted by applicable law, Atlantic.Net disclaims any
and all warranties with respect to the Beta Service including the
implied warranties of merchantability, fitness for a particular purpose,
and non-infringement.
xii.The maximum aggregate liability of Atlantic.Net and any of its
employees, agents, affiliates, or suppliers, under any theory of law
(including breach of contract, tort, strict liability, and infringement)
for harm to you arising from your use of the Beta Service shall be a
payment of money not to exceed Five Hundred Dollars ($500.00).