Our Services

INTERNET SERVICES TERMS AND CONDITIONS

This Agreement is between you as an individual, partnership, corporation, association, or any combination thereof (hereinafter referred to as Customer), and Agricultural Technology Information Network, an entity of the California State University, Fresno at Fresno, California, United States of America (hereinafter referred to as ATI-Net):

EFFECTIVENESS, TERM AND RENEWAL

This Agreement shall continue until canceled by either party with thirty (30) days written notice.
ATI-Net reserves the right to modify its Terms and Conditions and Acceptable Use Policy (AUP) at any time, effective upon posting of the modified Terms and Conditions and/or AUP online to this URL: http://www.atinet.org
ATI-Net reserves the right to immediately terminate this Agreement, without notice, if Customer violates any portion of the Acceptable Use Policy (AUP).
Use of ATI-Net's services constitutes, on the part of the Customer, acceptance of, and agreement to abide by, these Internet Services Terms and Conditions and ATI-Net's Acceptable Use Policy (AUP). The AUP is attached to, and incorporated into this Agreement.

PAYMENT AND CHARGES

Invoices for Internet services are issued and payable in advance for the term of the service. Invoices not paid within ten (10) days of the due date are past due. Internet services are subject to suspension for any account twenty- (20) days past due and become subject to a re-activation fee.
Suspension renders a web site non-operational. Visitors to the site are informed that the site is temporarily unavailable. In addition, you will be unable to download or upload and all email will be returned to sender as undeliverable.
Failure to pay within ten (10) days following suspension may result in the termination of your account.

LIMITATION OF LIABILITY

ATI-Net exercises no control whatsoever over the content of the information passing through its network. ATI-Net makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. ATI-Net also disclaims any warranty of merchantability or fitness for a particular purpose. ATI-Net will not be responsible for any damage you suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

Use of any information obtained via ATI-Net's network is at your own risk. ATI-Net specifically denies all responsibility for the accuracy or quality of information obtained through its services.

IN NO EVENT SHALL ATI-Net BE LIABLE FOR CONSEQUENTIAL
DAMAGES EVEN IF ATI-Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, ATI-Net SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THESE SERVICES.

Customer shall indemnify, defend and hold harmless ATI-Net, its directors, employees, affiliates and agents from any action brought against them by any third-party in connection with this Agreement, from any claims resulting from the use of the service by you or any of your employees or agents or others.
Customer shall pay all damages and reasonable attorney fees arising as a result of Customer's use or misuse of any rights granted herein.

RELATIONSHIP BETWEEN THE PARTIES

Nothing in this Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between ATI-Net and Customer.

GENERAL AND ATI-Net RIGHTS AND REMEDIES

Upon termination of an account, ATI-Net is authorized to delete any files, programs, email messages and data associated with such account.
Neither ATI-Net nor its affiliates shall have any liability for any such responsive actions.
The above-described actions are not ATI-Net's exclusive remedies and ATI-Net may take any other legal or technical action it deems appropriate.
ATI-Net reserves the right to investigate suspected violations of the AUP, including the gathering of information from the parties involved and the complaining party, if any, and examination of material on the ATI-Net network. During an investigation, ATI-Net may suspend the account(s) involved and/or remove material that potentially violates that Policy.

You hereby authorize ATI-Net and its affiliates to involve and cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet Service Providers or other network or computing facilities in order to enforce the AUP. Such cooperation may include ATI-Net providing the user name, IP address, or other identifying information about a customer.
The failure of ATI-Net or its affiliates to enforce the terms of this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Agreement is governed by, and shall be construed in accordance with the laws of the State of California. Venue for any litigation or claim hereto shall be the California State courts in Fresno County, California, USA.
Customer consents and unconditionally submits to personal jurisdiction of the California State courts and waives any special treaty or legal requirements providing for restrictions upon such jurisdiction and on service of process.

INTERNET SERVICES ACCEPTABLE USE POLICY (AUP)

INTRODUCTION

This Acceptable Use Policy specifies the actions prohibited by ATI-Net, and is intended to outline the Acceptable Use(s) of Internet services provided by ATI-Net and our affiliates. ATI-Net reserves the right to modify this Policy at any time, effective upon posting of the modified Policy to this URL: http://www.atinet.org
Violations of the ATI-Net Acceptable Use Policy (AUP) may result in ATI-Net taking such actions, including, but not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or a portion of the Customer's Services, without notice.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AS WELL AS ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

GENERAL USE

ATI-Net's networks and services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Customer shall at all times comply with all applicable laws and regulations of the United States of America and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, technical data and/or products and services.

You may not use any dial-in connection to the ATI-Net network to gain access to the Internet. Such connections are limited to the exchange of email and/or secure data transmission between the ATI-Net network and your web site hosted on the ATI-Net network.

You must comply with the data storage and other limitations that may be in effect for the services you have purchased. Consistent use in excess of any such limits may result in the requirement to move to a higher level of service, or a payment for the additional services being used.

Customers shall not utilize ATI-Net's public servers for development or debugging of applications or web sites. Development should largely take place on your computers before being uploaded to the ATI-Net network.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. While ATI-Net has no obligations to monitor services or network transmissions, ATI-Net reserves the right to monitor such services and transmissions from time to time and will investigate incidents involving such violations.
Examples of system or network security violations include, without limitation, the following:
Unauthorized access to, or use of, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, or Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network, or Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, or Forging of any TCP / IP packet header or any part of the header information in an email posting.

EMAIL
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Unsolicited mail messages do NOT have to be sent through an ATI-Net mail relay to be in violation of this AUP.
A user shall not use another site's mail server to relay mail without the express permission of the site.

HOSTING

The customer of any server or site hosted on ATI-Net's network is solely responsible for the content of their site, as well as the security of any applications and data stored thereon, and must obtain all required legal permissions for use of such content. ATI-Net reserves the right to refuse to post, or, to remove any information or materials, in whole or in part, that, in its sole discretion deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.

COMPLAINTS

Comments, questions, or complaints should be addressed to: atimgr@atinet.org