Terms & Conditions

Atlantis Blue Terms & Conditions

These are the Standard Terms And Conditions of Supply of Atlantis Blue Web hosting and other services offered from time to time by Atlantis Blue ("the Service"). These terms apply to you as a user of the Service ("Client" or "you"). Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions.

Terms And Amendment Procedure
1. These are the terms upon which we agree to provide the Service to the Client. The agreement made between us with these terms commences on the date your order for Services was accepted by Atlantis Blue.
2. Please look out for any amendments to these Terms and Conditions that Atlantis Blue ("we") might make in the future. The current version can always be found here [ LINK ].
3. We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice via email to all Clients. The changes will become effective upon publication of the email. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.
4. If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
5. These terms constitute the agreement in its entirety and supersede prior agreements.
6. We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Atlantis Blue's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.
Service
1. We will assign the Client a method for electronic identification and authentication, such as but not limited to a username and password. Selection of methods shall be entirely at Atlantis Blue's discretion. The Client agrees to abide by any methods selected by Atlantis Blue including but not limited to username and password, certificates, physical devices like tokens cards or fobs, or non invasive biometric scans. Identification and authentication methods will provide the client access to subscribed Atlantis Blue services. Atlantis Blue will provide the client with guidelines for acceptable client software (as in client-server software). In some cases this may involve a recommendation for client installed software, an exclusion of a particular type and or version of software, or software provided directly by Atlantis Blue. Unless the privilege is granted by Atlantis Blue, individual identification and authentication methods are for individual use only and are not to be shared with others or in a group.
2. Scheduled Maintenance - We must perform scheduled maintenance to our server from time to time. We will attempt to perform all scheduled maintenance at times that will affect the least amount of Clients. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will notify Clients via email of the scheduled maintenance at least 24 hours in advance of the maintenance. As Atlantis Blue provides its hosting services from a single server, downtime spanning several days may occur. Subject to law, we are not liable for any loss or disappointment you may suffer as a result of any faults or interruptions in the Service
3. Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will notify Clients via email after the maintenance has been completed.
4. Archiving of Data - Atlantis Blue reserves the right to archive your data. We provide no guarantees for availability of archived data in the case of data loss caused either by us, client or other factors. We reserve the right to destroy archived data. Requests for non-archival may be considered, and exemptions from archival may be charged a fee. Clients will be charged for retrievals (restores) of archived data by court order at 2x the standard rate. AB reserves the right to restore data or not, subject to charges, upon client request. (standard fees: $100 per incident per 1 MB examined and/or restored for restore from local backup, $200 per incident per 1 MB examined and/or restored for restore from network backup, $500 per incident per 1 MB examined and/or restored for restore from offline media (tape, CD, external HD, etc.) backup). Clients will be charged for disk space, according to the quarterly scale (no prorating), used by restored data for as long as said remains in local disk storage.
5. The Service is provided by Atlantis Blue from its co-hosted server in Australia. Atlantis Blue will determine in its absolute discretion from time to time the datacentre location from which your Service is provided.
6. In contracting with Atlantis Blue for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by Atlantis Blue to deliver the Service.
7. In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further Services you acquire from Atlantis Blue.
Payment
1. You must pay in advance for the Service as notified to you by Atlantis Blue in accordance with the prices in force for Services from time to time.
2. You must pay all Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your assigned identification and authentication method(s) whether authorised by you or not.
3. Prices are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
4. In addition you must provide and pay for:
  1. the installation and use of telephone lines and all other equipment needed to access the Service; and
  2. all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.
5. Billing period is on a quarterly cycle beginning when you register. If you register after the 1st of January, April, July, or October, you will pay a pro-rated amount for the current quarter and resume full quarterly payments at the commencement of the next quarterly period.
6. Acceptable methods for payment at this time are cheque or bank transfer of funds.
Warranties And Liabilities
1. We do not warrant that:
  1. the Services provided under this agreement will be uninterrupted or error free;
  2. the Services will meet your requirements, other than as expressly set out in this agreement or
  3. the Services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of Atlantis Blue.
2. Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
3. Except under clause 4.2, Atlantis Blue will not be liable to the Client for:
  1. any loss or damage in respect of the provision of the Services,
  2. any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviour of the Client,
  3. any costs, claims loss or damage arising from any information, data or other material provided to Atlantis Blue by or on behalf of the Client.
4. You warrant that
  1. at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
  2. you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person;
  3. you will keep secure any passwords used to upload data to the Server and
  4. you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.
5. You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledges that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.
6. You agree to abide by our Acceptable Use Policy and you agree that its terms form part of this agreement between you and Atlantis Blue.
7. You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.
8. Except as provided in clause 4.2, we are not liable to you or any other person for:
  1. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;
  2. the content, context or confidentiality of any communications made using the Service;
  3. loss or damage caused by third party software applications forming part of the Service.
9. You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
  1. your breach of these terms,
  2. your use or misuse of the Service and
  3. the use or misuse of the Service by any person using your account,
  4. publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service.
Suspension And Termination Of Service
1. We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:
  1. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
  2. if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
2. Atlantis Blue may without notice to you remove, amend or alter your data upon being made aware of:
  1. any claim or allegation; or
  2. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
3. We may end our agreement with you and cease providing Services for any reason, on 15 days notice to you. You may close your account with Atlantis Blue on 15 days notice to Atlantis Blue.
4. Before closure of your account with Atlantis Blue, you may access your Client Data for the purposes of reproduction or backup at any of the resources provided for in operational serivce agreements. Atlantis Blue is not obligated to provide Client Data data in any format other than those normally accessible from the resources mentioned above.
5. Upon closure of your account with Atlantis Blue, all servcies will be terminated and all Client Data will be deleted from Atlantis Blue systems. Atlantis Blue is not obligated to restore from backup or otherwise provide Client Data after termination of service.
6. If your account is closed you must pay all outstanding charges immediately.
Domain Names
1. If you have requested that Atlantis Blue registers a .com, .net or .org domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net or .org domain names issued by the registrar Melbourne IT Limited [ LINK ]. You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.
2. If you have requested that Atlantis Blue register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited [ LINK ].
3. You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind Atlantis Blue. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at [ LINK ]. The Dispute Policy procedure can be viewed at [ LINK ].
4. You agree that you must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance.
5. Atlantis Blue makes no representation and gives no warranty about your chosen domain name being available for registration or use by you.
6. You agree that you have no lean or rights over IP address space and DNS namespace used by Atlantis Blue. Any DNS space registered by Atlantis Blue on your behalf, including each specific DOM and SLD (second level domain x.tld or x.autld.au) requires a contract for ownership to be granted to you. In the absence of a contract, you relinquish all claims and acknowledge Atlantis Blue as the sole owner and manager of said namespace.
7. You indemnify Atlantis Blue against all claims arising out of your registration and use of your chosen domain name.
Miscellaneous
1. The Client grants to Atlantis Blue a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web sites or emails.
2. Atlantis Blue retains full ownership and/or exercises all rights over software written or customised by Atlantis Blue in fulfillment of obligations under this agreement. Atlantis Blue grants to the Client temporary use of Atlantis Blue software limited strictly to software necessary for fulfilment of this agreemnet and at the sole discression of Atlantis Blue.
3. A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
4. The law in force in New South Wales governs this agreement and the transactions contemplated by this agreement.
5. You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.

Last Update November 2002.