This agreement documents the terms of service for web accounts provided by Atarack Communications, Inc. to the account holder.
1.The account holder is responsible for the actions of account users.
2.Any use which interferes with the server's ability to function in its primary purpose of publishing web documents is prohibited.
3.Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at Atarack Communcations, Inc. or sent via Atarack Communications, Inc. is prohibited.
4.Use of Atarack Communications, Inc's facilities to provide software, lists, or tools for sending unsolicited email is prohibited
5.Use of Atarack Communication Inc.'s facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited.
6.All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
7.All data stored or transmitted must be legal under all applicable California laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
8.All data stored or transmitted must be legal under all applicable Alameda County, California laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
9.All data stored or transmitted must be legal under all applicable Fremont, CA laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
10.All data stored or transmitted must be legal under all applicable Pleasanton, CA laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
11.The account holder will hold Atarack Communications, Inc. against any loss, damage, cost and expense which Hurricane Electric may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions. The provisions of this paragraph shall survive termination of this agreement.
12.If Atarack Communication, Inc. is informed of illegal content or alleged copyright or trademark infringement involving an account, Atarack Communication, Inc. will attempt to notify the account holder of those allegations and secure a response. Atarack Communication, Inc., in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Atarack Communication, Inc. believes are illegal or may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against Atarack Communication, Inc. for any such removal or termination.
13.Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at Atarack Communications, Inc.'s discretion. Atarack Communications, Inc. reserves the right to issue special invoices when the balance due will be more than $50 over the base monthly service fee.
14.Atarack Communications, Inc. may terminate service to the subscriber at any time, without notice, for violation of this agreement. Hurricane Electric will not be liable for any damages or harm to the account holder resulting from such termination.
15.The account holder may terminate their account at any time. The request to terminate the account must be in writing. The account holder may send cancellation request via an email message to sales@he.net.
16.Use of an Atarack Communcations, Inc. account indicates acceptance of the terms of this agreement by the account holder.
17.This agreement shall be governed by and construed in accordance with the law of California. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.
18.Use of an Atarack Communcations, Inc. account indicates acceptance of the terms of Atarack Communcations, Inc.'s vendors.