Acceptable Use Policy for ATLASTA.NET Managed Network Services
Why is ATLASTA providing this Policy to me?
ATLASTA’s goal is to provide its customers with the best Web Hosting service possible. In order to help accomplish this, ATLASTA has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of ATLASTA.NET web hosting service, including ATLASTA-provided Computer Network Support Service (collectively, the “Service”). All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Subscriber Agreement.
All ATLASTA hosting customers (referred to throughout this document as “customer,” “user,” “you,” or “your”) and all others who use the Service must comply with this Policy. Your failure, or others’ failure, to comply with this Policy could result in the suspension or termination of your or their Service accounts. Therefore, you should take steps to ensure that any others you permit to use your Service are aware of this Policy and agree to abide by it. If you are unwilling to comply with this Policy, you must immediately stop all use of the Service and notify ATLASTA so that it can close your account.
How will I know when ATLASTA changes this Policy and how do I report violations of it?
ATLASTA may revise this Policy from time to time by posting a new version on this website or any successor URL(s) (the “ATLASTA Web site”). ATLASTA will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the ATLASTA Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any ATLASTA announcements they receive and regularly visit the ATLASTA Web site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it, by emailing “support” or calling (206)264-4323 and speaking to one of our representatives.
I. Prohibited Uses and Activities
What uses and activities does ATLASTA prohibit?
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe
the rights of others, or interfere with or diminish the use and enjoyment of the Service by others.
For example, these prohibited uses and activities include, but are not limited to, using the
Service, Customer Equipment, or the ATLASTA Equipment, either individually or in combination
with one another, to:
Conduct and information restrictions
- Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting,
storing, transmitting or disseminating information, data or material which is libelous, obscene,
unlawful, threatening or defamatory, or which infringes the intellectual property rights of any
person or entity, or which in any way constitutes or encourages conduct that would constitute a
criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or
- Post, store, send, transmit, or disseminate any information or material which a reasonable person
could deem to be unlawful;
- Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way
information, software or other material obtained through the Service or otherwise that is protected
by copyright or other proprietary right, without obtaining any required permission of the owner;
- Transmit unsolicited bulk or commercial messages commonly known as “spam;”
- Send very large numbers of copies of the same or substantially similar messages, empty
messages, or messages which contain no substantive content, or send very large messages or
files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- Participate in the collection of very large numbers of email addresses, screen names, or other
identifiers of others (without their prior consent), a practice sometimes known as spidering or
harvesting, or participate in the use of software (including “spyware”) designed to facilitate this
- Collect responses from unsolicited bulk messages;
- Falsify, alter, or remove message headers;
- Falsify references to ATLASTA or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s
digital or manual signature, or perform any other similar fraudulent activity (for example,
- Violate the rules, regulations, terms of service, or policies applicable to any network, server,
computer database, service, application, system, or web site that you access or use;
- Access any other person’s computer or computer system, network, software, or data without said
person’s knowledge & consent; breach the security of another user or system; or attempt to
circumvent the user authentication or security of any host, network, or account. This includes, but
is not limited to, accessing data not intended for you, logging into or making use of a server or
account you are not expressly authorized to access, or probing the security of other hosts,
networks, or accounts without express permission to do so;
- Use or distribute tools or devices designed or used for compromising security or whose use is
otherwise unauthorized, such as password guessing programs, decoders, password gatherers,
keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or
Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- Copy, distribute, or sublicense any proprietary software provided in connection with the Service by
ATLASTA or any third party, except that you may make one copy of each software program for
back-up purposes only;
- Distribute programs that make unauthorized changes to software (“cracks”);
- Use or run dedicated, stand-alone equipment or servers from the Premises that provide network
content or any other services to anyone outside of your Premises local area network (“Premises
LAN”), also commonly referred to as public services or servers. Examples of prohibited
equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy
services and servers;
- Use or run programs from the Premises that provide network content or any other services to
anyone outside of your Premises LAN, except for personal and non-commercial residential use;
- Service, alter, modify, or tamper with the ATLASTA Equipment or Service or permit any other
person to do the same who is not authorized by ATLASTA;
Network and usage restrictions
- Use the Service for operation as an Internet Hosting Service Provider or for any business, other legal entity, or organization purpose without a valid Reseller Contract (whether or not for profit);
- Restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
- Impede others’ ability to use, send, or retrieve information;
- Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation,
regardless of intent, purpose or knowledge, to the Service or any ATLASTA (or ATLASTA’s supplier)
host, server, backbone network, node or service, or otherwise cause a performance degradation
to any ATLASTA (or ATLASTA’s supplier) facilities used to deliver the Service;
- Interfere with computer networking or telecommunications service to any user, host or network,
including, without limitation, denial of service attacks, flooding of a network, overloading a service,
improper seizing and abusing operator privileges, and attempts to “crash” a host; or
II. Customer Conduct and Features of the Service
How does ATLASTA address inappropriate content and transmissions?
ATLASTA reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to ATLASTA’s network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither ATLASTA nor any of its affiliates, resellers, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Web Services as defined below) made on the Service. However, ATLASTA and its affiliates, resellers, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Subscriber Agreement, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, ATLASTA uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer). ATLASTA’s anti-spam approach is explained in the FAQs under the topic “What is ATLASTA doing about spam?” located here. (http://us.atlasta.net/uce)
ATLASTA is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. ATLASTA is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at ATLASTA’s sole discretion. If you cancel or terminate your Service account for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.
If ATLASTA believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, ATLASTA (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, ATLASTA may at any time reserve any identifiers on the Service for ATLASTA’s own purposes.
What requirements apply to web sites and file storage?
As part of the Service, ATLASTA may provide access to web sites and storage space through our hosting service and online storage features (collectively, the “Web Services”). You are solely responsible for any information that you or others publish or store on the Web Services. You are also responsible for ensuring that all content made available through the Web Services is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. ATLASTA reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this Policy. For purposes of this Policy, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. ATLASTA may remove or block content contained on your Web Services and terminate your Web Services and/or your use of the Service if we determine that you have violated the terms of this Policy.
III. Violation of this Acceptable Use Policy
What happens if customers violate this Policy?
ATLASTA reserves the right immediately to suspend or terminate Service of the account in violation and terminate the Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement, or if anyone else you permit to access the Service violates this Policy.
How does ATLASTA enforce this Policy?
ATLASTA does not routinely monitor the activity of individual Service accounts for violations of this Policy, however, in the company’s efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of the Service. ATLASTA has no obligation to monitor the Service and/or the network. ATLASTA and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and ATLASTA users.
ATLASTA prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. ATLASTA also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without ATLASTA’s intervention. However, if the Service is used in a way that ATLASTA or its suppliers, in their sole discretion, believe violates this Policy, ATLASTA or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither ATLASTA nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not ATLASTA’s exclusive remedies and ATLASTA may take any other legal or technical actions it deems appropriate with or without notice.
ATLASTA reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material and data on ATLASTA’s servers and network. During an investigation, ATLASTA may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to ATLASTA and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, ATLASTA is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).
How does ATLASTA communicate with customers about copyright?
ATLASTA is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or access, share or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. ATLASTA provides two independent methods for copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them: as described below, ATLASTA complies with the Digital Millennium Copyright Act. You may receive alerts if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.
What is ATLASTA’s DMCA policy?
Owners of copyrighted works who believe their rights under U.S. Copyright Law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is ATLASTA’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who ATLASTA, in its sole discretion, believes is infringing these rights. ATLASTA may terminate the Service at any time with or without notice for any affected customer or user.
How do copyright owners report alleged infringements to ATLASTA under the DMCA?
Copyright owners may report alleged infringements of their works that are stored on the Service or the Web Services by sending ATLASTA’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon ATLASTA’s receipt of a satisfactory notice of claimed infringement for these works, ATLASTA will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Web Services or (ii) disable access to the work(s). ATLASTA will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send ATLASTA a notification of claimed infringement to report alleged infringements of their works under the DMCA to:
J. Carson/DMCA Notifications
Triga Laboratories, Inc. (dba ATLASTA.NET)
PO BOX 33520
SEATTLE, WA 98133
United States of America
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to ATLASTA, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
What can customers do if they receive a DMCA notification of alleged infringement?
If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to ATLASTA. Upon ATLASTA’s receipt of a counter notification that satisfies the requirements of the DMCA, ATLASTA will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that ATLASTA will not be a party to any disputes or lawsuits regarding alleged copyright infringement.