Terms and Conditions

Last updated: July 12, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Poland

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Atlantox Sp. Z o.o., Marcina Kasprzaka 31, 01-234 Warszawa, Polska. ITN:5272942960, REGON:387623853

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to any service item proposed on the website.

• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to Atlantox, accessible from https://atlantox.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) and other world excluded United States Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Users 

United States user can not be served by the company due to inside company politics. 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: support@atlantox.com

• By phone number: +48514471894

Any Subscriber who sends bulk unsolicited emails (UBE), SPAM, or junk mail will be immediately blocked with or without notice. Sites that are advertised using SPAM should not be hosted on our servers. Any account whose actions led to the appearance of an IP address located in the IP address space of our company will be immediately blocked and moved to the black list

If the Contractor’s employees detect viruses in the Subscriber’s account, the Contractor’s employees send a message to the Subscriber about detected viruses, shell scripts, other malicious software, with a request to respond to the letter as soon as possible and clear their account of viruses. The Subscriber’s non-response or improper response to such letters may be the basis for blocking the sources of these viruses by the Contractor.

The subscriber is fully responsible for all actions that were performed on their accounts, including cases of infection with viruses, shell scripts and other harmful and dangerous software. Including, if the login and password for the account became known to third parties.

The subscriber must not:

• Use more than 25% of system resources for more than 90 seconds.
• Use more than 100 CPU minutes per day.
• Start processes that act as a server.
• Run any type of search indexers on shared hosting servers. The exception is search engines that only index subscriber sites.
• Run software that interacts with torrent trackers.
• Run game servers such as counter-strike, half-life, lineage and the like.
• Participate in file sharing networks.
• Run cron jobs at intervals of less than 15 minutes.
• Execute SQL queries that run for more than 15 seconds. The correct indexes must be used on MySQL tables.
• Create MySQL databases larger than 2GB or containing more than 1000 tables. The total volume of all user databases should not exceed 3GB.his
• The ability to connect to a MySQL server not from shared hosting servers is provided only for database maintenance.
• To improve performance, do not disable the processing of static files using nginx in the control panel.
• The volume of updates made by the Subscriber’s databases should not exceed 500 MB per day. The calculation is based on the amount of data written to the MySQL binary log.

1. Resources for which no restrictions are set or which are described in the tariff plan as “unlimited” are created so that the Subscriber does not worry about a sudden stop of the Service due to exceeding the limit. For example, a database or mailbox due to the fact that it has run out of space in the tariff plan.However, the resources of servers and Internet channels technically cannot be unlimited, therefore the Contractor requires that the Subscribers use the resources of the Contractor, taking into account the fact that they are also needed by other clients of the Contractor, who should be given the opportunity to use these resources on an equal footing with the Subscriber.
2. In order to prevent the increased consumption of resources by the Subscribers, the Contractor reserves the right to limit the Subscriber in the consumption of all or several parts of the resources.
   The limit upon reaching which the resources will be limited is calculated based on consumption statistics. Monthly, these statistics are different, but one rule remains mostly constant – 99.95% of subscribers consume the allowed amount of resources. The remaining 0.05% of Subscribers will receive a notification from the Contractor (automatic notification) to their contact e-mail with a request to reduce resource consumption within 48 hours.
3. In the event that the Subscriber fails to reduce resource consumption within 48 hours after receiving the Contractor’s notification with a request to reduce the consumption of server or Internet channel resources, or if this Subscriber systematically exceeds the resource consumption limit, the Contractor reserves the right to suspend the provision of the Services or terminate the Agreement in unilaterally.

The Subscriber within 24 hours from the moment of receipt from the Contractor of a copy of the application from a third party (hereinafter referred to as the “applicant”) on the termination of the violation of copyright, related or other intellectual property rights, or on the violation in the field of Internet commerce (electronic commerce) by the copyright holder or their legal representative, performs the following actions:

May refuse to satisfy the application for termination of the violation if:

1. The subscriber has the legal right to use the electronic (digital) information specified in the application, about which he sent a notification to the applicant and provided information about themselves in an amount sufficient to file a claim (full name or name of the website owner, their place of residence (registration) or location, e-mail address, and for legal entities – relevant information about the registration of a legal entity abroad in the country of its location);
2. The Subscriber is not the owner of the website specified in such a statement, and the owner of the website does not respond to the statement of infringement sent to them by the Subscriber (in this case, the Internet page or site is subject to blocking by the Subscriber or the Contractor);

• In the absence of the circumstances specified in of these Terms, the owner of the website, without delay, no later than 24 hours from the receipt of the application for the termination of the violation, is obliged to make it impossible to access the electronic (digital) information in respect of which the application is submitted. The owner of the site notifies the Contractor about the actions taken by sending a notification about the measures taken.
•  If, within 24 hours from the moment of sending the application to the Subscriber to cease the violation, the Subscriber does not take the actions provided for in clause 8.1 of the Terms, the Contractor independently blocks access to the electronic (digital) information specified in the application to terminate the violation.
• The subscriber has the right to contact the Contractor, from whom he received information about the taking of measures, with a notification of refusal on the grounds and in the form established by the Act on Copyright and Related Rights, which Poland adopted on 4 February 1994, requiring the restoration of access to electronic (digital) information. If such an appeal meets the requirements established by the Law, the Contractor must immediately, no later than 48 hours after receiving it, send a copy to the applicant. In the event that the notification does not comply with the requirements established by the Law for the “Notice of refusal”, the Contractor informs the owner of the website.

Resources for which no restrictions are set or which are described in the tariff plan as “unlimited” are created so that the Subscriber does not worry about a sudden stop of the Service due to exceeding the limit. For example, a database or mailbox due to the fact that it has run out of space in the tariff plan.

However, the resources of servers and Internet channels technically cannot be unlimited, therefore the Contractor requires that the Subscribers use the resources of the Contractor, taking into account the fact that they are also needed by other clients of the Contractor, who should be given the opportunity to use these resources on an equal footing with the Subscriber.

In order to prevent the increased consumption of resources by the Subscribers, the Contractor reserves the right to limit the Subscriber in the consumption of all or several parts of the resources.