UNIX Virtual Private Server
Billing Terms & Service Agreement

1. General. A "Virtual Private Server" consists of the server space and software services provided to Customer, including but not limited to the HTTP service, FTP service, SMTP service, POP service, and add-ons.

2. Physical Server Set-Up and Updating. ATS will initially configure the Virtual Private Server for use. After the Virtual Private Server is configured, Customer will be solely responsible for all Virtual Private Server content and the management thereof, including any backup.

3. Maintenance Services. ATS will perform maintenance services as ATS determines reasonably necessary to maintain the continuous operation of the Virtual Private Server. Customer acknowledges that such maintenance may require Virtual Private Server downtime. ATS will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond ATS's control limit ATS's ability to do so.

4. Account Usage. Customer shall not use (i) excessive amounts of CPU processing on any of ATS's Web servers or (ii) bandwidth or disk usage in excess of the number of megabytes per month ordered by Customer. Customer acknowledges that any violation of this policy may result in corrective action by ATS, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services. In the event that ATS elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

5. Web Site. Customer shall agree to be solely responsible for (a) the development, operation, and maintenance of Customer's Web site and products and all content and materials appearing online or on Customer's products including without limitation (i) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, as applicable, (ii) ensuring that the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon the rights of any third party, (iii) ensuring that the content and materials appearing within the Web site or related to Customer's or Customer's products are not libelous or otherwise illegal;(b) the final calculation and application of shipping and sales tax; (c) accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom; and (d) the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Web server software.

6. IP Address Ownership. ATS shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customers by ATS and ATS reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

7. Caching. Customers' shall (i) agree to a license to cache the entirety of customer's Web site (including content supplied by third parties) hosted by ATS and (ii) agree that such caching is not infringement of any of Customers' intellectual property rights or any third party's intellectual property rights.

8. Billing. (a) All new Customers are required to (i) submit a signed copy of the Service Agreement and (ii) provide signature to these Applicable Service Terms and Conditions. In addition, if Customer is paying for ATS services with a credit card, Customer must also sign a copy of the Billing Authorization Agreement. In addition, the initial non-refundable setup fee and first month's service fee are required as prepayment for all new orders from new Customers. Requests for new services from new Customers can be configured within one (1) business day following receipt of the aforementioned signed contracts and required prepayment amounts. (b) The Customer agrees to pay ATS a monthly Service Fee for the services ATS provides based upon the current Price Schedule. The Service Fee is billed to Customer at the beginning of each month and is due no later than the 15th day of the month in which the Service Fee is billed. Customer's first month of service will be prorated according to the number of days Customer had an active account during the first month. The Service Fee is subject to adjustment, with notice, according to the current Price Schedule. (c) Payment for services can be made with an American Express, MasterCard, or Visa credit card. ATS also accepts International Money Orders, Money Orders, wire transfers and business or personal checks sent directly to the ATS office set forth on the invoice. If the Customer is paying with a credit card, the credit card will be charged on or around the 1st of the month. For those credit cards that are not cleared on the 1st, a second billing attempt will take place on or around the 15th. If the Customer is paying with other methods (money order, check, etc.), payment should be received at the ATS office set forth on the invoice by the 15th of the month. All payments should be posted in United States dollars. A $15.00 service charge will be applied for all credit card disputes or chargebacks and/or returned checks. (d) Balances not paid by the 15th of the month in which the invoice is dated will be considered past due. Accounts that are past due may be disabled at our discretion. However, Customers are notified (based on provided contact information) and given a predetermined time to pay any outstanding balances before accounts are disabled. Each time an account is disabled by ATS's service staff, Customer must pay a $35.00 service charge plus the full amount of any then outstanding balance on the account before the account will be reactivated. (e) Delinquent accounts may be forwarded to an outside collection agency at any time. If Customer's account is forwarded to an outside collection agency for further pursuit of an outstanding balance, Customer may be assessed a $10.00 late payment fee. Any questions relating to billing or past due issues may be directed to ATS's service staff. (f) Account reconciliations will still be allowed for up to 60 days after the original date of the invoice in question. As such, Customer does not forfeit the right to question an invoice once it has been paid. If payment is received on time, and afterwards (within the 60-day time frame) Customer discovers a bona-fide error on the part of ATS and notifies ATS of this error, such error can then be corrected. However, if Customer is responsible for the error (i.e., a typo in the domain name), Customer must contact our service department immediately, but in no event later than within 3 days of the error, in order to receive a credit for the error. ATS reserves the right to issue or not issue adjustments for any invoices disputed during or after the 60-day time period. (g) If Customer orders ATS monthly recurring services after the first day of the month, ATS will prorate the first month's service fee. Only the first month's service fees are prorated. All monthly service charges thereafter are billed for the entire month and, as referenced above, are not prorated upon cancellation (including if such cancellation is in connection with a downgrade in service to/from another ATS service). (h) Daily invoices will be sent via e-mail confirming the services ordered that day. (i) Requests for modifications to an account, or anything that requires a charge or invoice, must be requested from ATS service staff. (j) All Customers are responsible for backing up their own files separately. ATS will provide three levels of backup, the first two on disk, and the third on tape. Should Customer need to restore files from a backup found on the primary and secondary backups, there will be no charge. There is a service charge of $100.00 for each file retrieval from the tertiary backup, or the tape backup.

9. Support. (a) ATS Support Staff is always available to our Customers. (b) ATS support staff is largely responsible for supporting the Customers by isolating specific problems that may be encountered while using our Servers. However, ATS support staff cannot and will not focus large amounts of time fulfilling programming-specific CGI script requests (this includes debugging) or customizing the Server and related programs in any way for Customer's specific requirements. (c) ATS support staff will troubleshoot specific programming problems that may be encountered insofar as they are related to installation and configuration in the Server environment. However, ATS support staff will not offer technical support for thirdparty vendor products that are not documented on ATS's Web site. If Customer has a problem related to such third-party applications which is not specific to installing or running the program on one of ATS's Servers, Customer must refer its questions to the vendor of the affected program.