Terms and Conditions
SUMMARY: The following Terms and Conditions, including any addendums, are an integral part of all proposals, contracts, and work supplied to the customers of Atlantic Business Technologies, Inc. (“ABT”) and acceptance of a proposal or contract, or any instructions by a customer (sometimes referred to as “Client” or “User”) to ABT to commence work or services shall be deemed acceptance of these Terms and Conditions by Client.
Warranty of Funds and Payment. Sufficient funds are available or will be made available by Client to make payment in full for services rendered by ABT. Past due balances are subject to a late charge of one and one-half percent per month, whether before or after judgment. Collection costs shall also include reasonable attorney fees. In addition to all other available remedies, ABT may, in its sole discretion and without liability to Client, suspend or terminate access to servers, web sites, email accounts, customer data and other online services provided by ABT. ABT may set additional terms and conditions for reinstatement.
Warranty of Work by ABT. ABT and its subcontractors and agents shall provide a level and quality of service using a degree of care and skill ordinarily exercised by others providing a similar service in a similar locality. ABT does not warrant or represent that any web sites or other work will comply with state or federal law for electronic commerce. Client shall arrange review by counsel at its own cost. Any nonconforming work brought to attention of ABT within one year shall be corrected or replaced at no additional cost.
If correction or replacement is not practical, ABT shall refund Client that portion of previously paid invoices attributable to the nonconforming work. This is the sole warranty provided by ABT and supersedes any other warranties, express or implied.
Limits of Liability. Notwithstanding the foregoing, the aggregate liability of ABT (including agents, employees or subcontractors) shall not exceed the total fees paid by the Client for the specific nonconforming work. Upon request of Client, and at Client’s sole cost, ABT may, but is not required to, obtain additional liability coverage. The parties specifically agree all work performed is construed as a limited liability agreement which limits the liability of ABT. ABT and Client mutually agree that services involve risk that may exceed the total fees paid to ABT.
Consequential Damages. ABT and Client shall not be liable to each other for direct, indirect or consequential damages of any nature whatsoever, including, but not limited to, lost profits and loss of use. To the extent protection against such loss is required, each party agrees to make such provisions, including the obtaining of insurance, as that party may deem appropriate.
Delays. Any delays in completion of the services for reasons beyond the control of the ABT shall entitle ABT to an extension of any completion schedule by an amount equal to the delay.
Early Termination. Either Client or ABT may terminate any services to be provided by giving written notice to the other. Upon the giving or receipt of such notice, ABT will cease work and after ABT has received payment from Client for all services provided up to the point of termination, including any shut-down costs, server transfer costs and costs to deliver remaining equipment or deliverable information, ABT shall deliver to Client all equipment, documents, reports, and other information to which Client is entitled and/or shall transfer sites being hosted to a new provider as designated by Client. ABT shall not be obligated to provide access or transfer any web sites, email accounts, or other data residing on servers owned or controlled by ABT until all financial obligations to ABT have been satisfied, whether or not the obligations are directly related to the hosting agreement or data residing on ABT servers.
Unforeseen Conditions. Any unforeseen conditions encountered during completion of services by ABT may result in either re- negotiation of services and fees, completion of original scope without change in fee or termination of any agreements.
Intellectual Property. Client warrants ownership, appropriate license, or right to use any intellectual property provided by Client to ABT for use in work to be created, modified, or otherwise carried out by ABT. ABT claims no ownership interest in such property. In addition, ABT grants to Client a perpetual and continuing license to use all intellectual property created or developed by ABT for Client, including any third-party work or developer modules incorporated into the work, and warrants its rights to grant this license. Client may transfer this license, without the consent of ABT or the payment of any additional fee, to its heirs, successors, and assigns, including a purchaser of Client’s business or business assets. ABT grants Client the right to change or make modifications to its work provided that such changes do not imply that such changes were carried out by ABT or adversely affect or infringe on the copyrights of any licensed third party work or developer modules incorporated into the work by ABT. The foregoing constitutes the entire rights granted by ABT to Client of the intellectual property created, or to be created, by ABT, with all other intellectual property rights reserved in ABT.
Governing Law. Except where in conflict with International and United States laws, this Agreement shall be governed by the laws of the state of North Carolina, the parties consenting to the jurisdiction and venue of the Superior Court, Wake County, North Carolina.
Independent Contractors. ABT and Client are independent contractors and nothing shall be construed as creating an employer- employee relationship, partnership, or joint venture. Work completed for or on behalf of a customer of Client or other third party shall not create any relationship between ABT and that third party.
Savings Clause. To the extent that any provision of these Terms and Conditions is found to be invalid or unenforceable, all terms contained herein are severable, and shall remain in full force and effect excluding only those portions invalid or unenforceable.Waiver. No delay or omission by a party to exercise any right or remedy accruing pursuant to any of these Terms and Conditions, or any other agreement between the parties shall impair any such right or remedy or be construed to be a waiver. All waivers must be in writing and signed.
Binding Effect. These Terms and Conditions shall be binding not only upon the parties hereto but also upon their heirs, personal representatives, successors and assigns (as applicable).
Authority. The signatories to any agreements or memoranda between the parties warrant that they have full authority to bind their respective companies and that their companies are not bound by any other contracts or agreements which would limit or interfere with their obligations to each other, including the acceptance of these Terms and Conditions.
Web Hosting Addendum to Terms and Conditions
SUMMARY: This Web Hosting Addendum (“Addendum”) supplements and provides additional terms to the standard Terms and Conditions, including any other addendums, and becomes an integral part of all proposals, contracts, and work supplied to the customers of Atlantic Business Technologies, Inc. (“ABT”) and acceptance of a proposal or contract, or any instructions by Client to ABT to commence work or services shall be deemed acceptance of this Addendum.
- The Client may only use ABT’s Web Hosting services (“services”) for lawful purposes. If ABT reasonably believes that the service is being used for improper or unlawful purposes, or otherwise in violation of this Addendum, ABT may immediately discontinue service to Client without liability other than to refund any unearned fees.
- Whether or not lawful, the following uses are prohibited and shall be cause for immediate termination of web services and this Agreement without notice to the Client:a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or “Spamming”, which may also be a violation of State and Federal Law.
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Whether or not use by Client constitutes a prohibited use shall be in the sole determination of ABT;
- Security of the services is not guaranteed. Confidential or sensitive data, proprietary software and other secret information should not be transmitted by means of the services provided by ABT. ABT assumes no responsibility for loss or theft of information transmitted. Additional systems may be available at extra cost in a good faith effort by ABT to enhance security. Providing enhanced or additional systems shall not be deemed to commit ABT to a higher standard of care or security, Client recognizing that the fees paid to ABT are not sufficient to guarantee or insure any particular level of security of the services.
- Users are prohibited from violating or attempting to violate the security of the ABT Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. ABT will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- Client shall not allow any of its employees, agents, customers, e-mail account holders or any other user of the services to send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“spam”) or to use an e-mail account in any way that could be reasonably expected to adversely impact the ABT services.
- Client shall not transfer data in excess of agreed monthly a.llowances without the consent of ABT and paying an additional negotiated fee.
- The term shall be as set out in separate specifications. Thereafter it shall be deemed renewed on a month to month basis until notice is given in writing one calendar month prior to intended termination.
- Unless otherwise agreed, payment shall be by credit card authorization. Termination of authorization, or refusal to accept
ABT charges shall be grounds for immediate termination of services. Termination shall not be deemed a limitation of any other legal rights of ABT to collect outstanding balances.
Domain Name Registration Addendum to Terms and Conditions
Summary: This Domain Name Registration Addendum (“Addendum”) supplements and provides additional terms to the standard Terms and Conditions, including any other addendums, and becomes an integral part of all proposals, contracts, and work supplied to the customers of Atlantic Business Technologies, Inc. (“ABT”) and acceptance of a proposal or contract, or any instructions by Clients to ABT to commence work or services shall be deemed acceptance of this Addendum.
Ownership: Domain names which are registered for and paid for by a client are owned by that client and not by Atlantic BT. In order to facilitate domain name management, some of the contact fields associated with the domain name may contain contact information for Atlantic BT.
Renewal: Beginning on 9/9/03, all newly-registered domain names, unless otherwise directed by the client, are set to automatically renew each year at the current rate at time of renewal. The renewal amount will be charged to the client’s account. Domain names up for renewal after this date will also be set to auto-renew in the future unless otherwise directed by the client. A client’s domain name may be automatically removed from the auto- renewal list if that client has any invoices that are over 90 days overdue or if Atlantic BT has reason to believe that the client will not pay for the renewal.
If a domain name is not set to auto-renew, Atlantic BT will attempt to notify the client by email and/or telephone of impending expirations. While Atlantic BT makes every effort to manage each domain name according to each client’s wishes, we are not responsible for the loss of domain names due to a client’s failure to supply current contact information to Atlantic BT.
What personal information do we collect from the people that visit our website?
When submitting form information, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.
When do we collect information?
We collect personally identifiable information from you when contact us through a form submission, opt-in for downloadable content, subscribe to a newsletter and/or engage in Live Chat.
How do we use your information?
We may use the information we collect from you when you complete form submission, submit an order, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
– To personalize your experience and to allow us to deliver the type of content and service offerings in which you are most interested.
– To improve our website in order to better serve you.
– To send periodic emails regarding existing and future services
– To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal/company information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
Do we disclose the information we collect to Third-Parties?
Personally Identifiable Information collected by our website will never be sold or shared to any other third-party. We do not sell advertising space on our website.
We do not include or offer third-party products or services on our website.
We have implemented the following:
We, along with third-party vendors such as Google and Mixpanel, use first-party cookies to compile data for understanding of website user experience
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
You can change any contact and personal information by emailing us at [email protected]
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking (Mixpanel and Google Analytics) to optimize our website.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 days of any breach.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
– Send information, respond to inquiries, and/or other requests or questions.
– Process orders and to send information and updates pertaining to orders.
– Send you additional information related to your product and/or service.
– Build custom audience to deliver you content on paid advertising platforms.
– Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
– Not use false or misleading subjects or email addresses.
– Identify the message as an advertisement in some reasonable way.
– Include the physical address of our business or site headquarters.
– Monitor third-party email marketing services for compliance, if one is used.
– Honor opt-out/unsubscribe requests quickly.
– Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can:
Simply follow the instructions at the bottom of each email and you will promptly be removed from email correspondence.
2121 RDU Center Drive
Morrisville, North Carolina 27560