TOS

Terms of Service

1. Glossary

This section defines key terms used in this agreement, which apply to the services provided by ATOER, referred to hereafter as "we", "us", or "our company." The following terms shall have the following meanings:

• Customer: Any person or legal entity who subscribes to services from ATOER (referred to as "you", "your").
• Service(s): The web hosting, VPS (virtual private server), cloud computing, domain registration, SSL certificates, and any related products or services provided by ATOER.
• Agreement: This Terms of Service, along with any policies, rules, and provisions referenced, including the Acceptable Use Policy (AUP), constitute the entire binding contract between you and ATOER.
• Personal Data: Any information relating to an identifiable natural person, collected, processed, and stored by us in compliance with the General Data Protection Regulation (GDPR) and other applicable laws.
• Acceptable Use Policy (AUP): A set of guidelines and rules for using the services provided by ATOER to ensure the safety, security, and legality of activities conducted on our infrastructure. Available at ATOER/pages/aup.
• Billing Cycle: The periodic interval at which invoices are generated and due for payment, typically on a monthly, quarterly, or yearly basis.

2. Concluding the Agreement

2.1 This Agreement is concluded when you create an account on our website, submit an order for services, or pay your first invoice. By completing these actions, you agree to comply with these Terms of Service, the Acceptable Use Policy, and any related policies. The Agreement will remain in effect until terminated in accordance with Section 10 below.

2.2 We reserve the right to refuse service, terminate accounts, or cancel orders if we deem the customer’s actions or usage of services to violate this Agreement, applicable law, or pose a risk to our infrastructure or reputation.

2.3 In cases where you order services online and reside within the European Economic Area (EEA), you may have a legal right to withdraw from the Agreement within fourteen (14) calendar days. This is subject to certain exceptions outlined in the refund policy (see Section 7).

3. Service Provision

3.1 Services will commence as soon as ATOER makes them available for your use. The actual use of the services is at your discretion, but billing will begin from the activation date. You are responsible for verifying the correct operation of the service.

3.2 We strive to provide uninterrupted access to the services, but we do not guarantee 100% uptime. Planned maintenance or updates may temporarily disrupt services, and we will notify you at least 48 hours in advance. Unplanned outages due to hardware failures, network issues, or events beyond our control (force majeure) may also occur.

3.3 If we become aware of any vulnerability or breach affecting your services, we will take steps to secure the environment, including temporary suspension of services if necessary. We will inform you of the nature of the breach and the remedial measures being taken.

4. Customer Rights and Obligations

4.1 As a customer, you are entitled to use our services in accordance with this Agreement. You agree to use services only for their intended purposes and in a lawful manner. Any misuse of services or activities that violate our Acceptable Use Policy may result in suspension or termination.

4.2 You are responsible for safeguarding your account information, including passwords. Any actions taken through your account are your responsibility, even if unauthorized access occurs. If you suspect that your account has been compromised, you must notify us immediately.

4.3 You agree not to use our services for hosting or distributing unlawful content, spamming, phishing, hacking attempts, or any activities that harm the integrity, performance, or security of our infrastructure or the internet at large. Misuse of services will result in immediate suspension without prior notice.

4.4 You must pay all fees and charges related to the services you use by the due date indicated on each invoice. Non-payment may lead to service suspension or termination, as outlined in Section 6.

5. ATOER's Rights and Obligations

5.1 We will provide services with reasonable skill, care, and diligence in accordance with industry standards. We are responsible for ensuring the security of your data in accordance with GDPR and other applicable data protection laws.

5.2 We reserve the right to modify our services, including pricing, features, or any terms of this Agreement. We will provide at least 30 days’ notice of any significant changes. In case of changes that materially affect your use of the services, you have the right to terminate the Agreement without penalty before such changes take effect.

5.3 We may terminate or suspend services if you violate this Agreement, fail to pay for services, or otherwise engage in unlawful activities or behavior that harms our infrastructure or reputation.

6. Payment and Billing

6.1 Services are billed according to the billing cycle specified during your service order. Invoices will be issued at the start of each billing cycle and must be paid by the due date indicated on the invoice. Payments must be made in full using approved payment methods listed on our website.

6.2 If you fail to pay an invoice by the due date, we reserve the right to suspend your services after a five (5) day grace period. You will continue to be liable for payment during the period of suspension. If payment is not received within thirty (30) days, we may terminate the Agreement and delete your data.

6.3 Any errors in invoicing must be reported to us within seven (7) days of receipt of the invoice. We will review and correct any verifiable errors within a reasonable timeframe.

7. Refund Policy

7.1 We offer refunds only under specific conditions. You may cancel your services within the first fourteen (14) days for a full refund if you reside in the European Economic Area (EEA) and the services were purchased online, provided that the service is unused.

7.2 Non-refundable services include domain registrations, SSL certificates, and payments made using cryptocurrencies. Renewal fees for services that have already been activated or used are also non-refundable.

7.3 If you believe that you are entitled to a refund based on service failures or other grounds, you must submit a refund request within 30 days. We will review your request and provideyour request and respond accordingly. Refunds may be issued for verified claims where ATOER is at fault for failing to deliver services as described or if significant technical failures occur.

8. Limitation of Liability

8.1 ATOER is not responsible for any indirect, consequential, or incidental damages, including loss of data, revenue, or business interruption, that result from the use of our services or the inability to use our services. We will not be liable for any damages that exceed the amount you have paid for services in the twelve (12) months preceding the incident.

8.2 Force majeure events, including but not limited to natural disasters, strikes, acts of terrorism, or regulatory changes that prevent service provision, do not make us liable for failure to fulfill our obligations under this Agreement.

9. Governing Law and Dispute Resolution

9.1 This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, United States. Any legal disputes arising out of or in connection with this Agreement will be resolved in the courts of Boulder County, Colorado.

9.2 Customers within the European Union may seek resolution through the EU’s Online Dispute Resolution (ODR) platform, but we encourage resolving disputes amicably through customer support channels first.

10. Termination of Agreement

10.1 You may terminate this Agreement at any time by canceling your services through the Customer Portal or by providing written notice to ATOER. Services will be terminated immediately upon confirmation of receipt, and any unused prepaid fees may be refunded based on our Refund Policy in Section 7.

10.2 We reserve the right to terminate the Agreement or suspend your services if you breach any term of this Agreement, including failure to pay fees or violation of the Acceptable Use Policy. Notice will be provided before suspension or termination, except in cases where immediate action is required to prevent harm to our infrastructure or other customers.

10.3 Upon termination, we may delete your account, including any data stored on our systems. It is your responsibility to back up your data before the termination date.

11. Data Protection and Privacy

11.1 We are committed to protecting your personal data and comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) for customers within the European Union. Your data will be processed as outlined in our Privacy Policy, which forms part of this Agreement.

11.2 You retain ownership of any personal data you submit while using our services. However, by using the services, you grant us the right to store, process, and transmit your data as needed to provide the services.

11.3 You have the right to access, correct, or request the deletion of your personal data in accordance with applicable data protection laws. If you wish to exercise any of these rights, please contact us via the contact information provided in our Privacy Policy.

12. Modifications to the Agreement

12.1 We may modify these Terms of Service from time to time to reflect changes in laws, industry practices, or updates to our services. Changes will be posted on our website, and you will be notified via email or the Customer Portal at least 30 days before the modifications take effect.

12.2 If you do not agree to the changes, you may terminate the Agreement as outlined in Section 10. Continuing to use the services after the modifications take effect constitutes your acceptance of the updated Terms of Service.

13. Final Provisions

13.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

13.2 This Agreement constitutes the entire understanding between you and ATOER regarding your use of the services. It supersedes all prior discussions, agreements, or representations, whether written or oral, regarding the subject matter.

13.3 ATOER may assign or transfer its rights and obligations under this Agreement without your consent. You may not assign or transfer your rights under this Agreement without our prior written consent.