TERMS OF SERVICE AND
PRIVACY STATEMENT
This Web Site Hosting Agreement ('Agreement') is by and between
Alphawebhosting, and you, your heirs, assigns, agents and contractors
('You') and is effective upon electronic execution. This Agreement
sets forth the terms and conditions of Your use of Alphawebhosting
Web Site Hosting ('Web Hosting') services and represents the entire
agreement between You and Alphawebhosting. By using
Alphawebhosting's Web Hosting services, You acknowledge that You have
read, understand and agree to be bound by all the terms and conditions
of this Agreement, along with any new, different or additional terms,
conditions or policies which Alphawebhosting may establish from time
to time. By entering into this agreement, in addition to transactions
entered into by you on your behalf, you also agree to be bound by the
terms of this agreement for transactions entered into on your behalf
by anyone acting as your Agent. You also agree to be bound by the
terms of this agreement for transactions entered into by anyone who
uses the account you've established with Alphawebhosting, whether or
not the transactions were in your behalf.
To complete the registration process, you must read this entire
agreement.
1. FEES
As consideration for the services purchased by You and provided to You
by Alphawebhosting, You agree to pay Alphawebhosting monthly or
yearly fees. Payment is to be made by You providing a valid credit
card for charge by Alphawebhosting, and is NON-refundable after 30
days money-back guarantee period. All setup and domain name
registration fees are NON-refundable. If for any reason
Alphawebhosting is unable to charge your credit card with the full
amount of the service provided, or if Alphawebhosting is charged back
for any fee it previously charged to the credit card You provided, You
agree that Alphawebhosting may pursue all available remedies in order
to obtain payment
You agree that You will be responsible for notifying Alphawebhosting
should you desire to terminate Your use of Alphawebhosting's Web
Hosting services. Notification of Your intent to terminate must be
provided to Alphawebhosting no earlier than 10 days prior to You
billing date but no later than three days prior to Your billing date.
In the absence of notification from You, Alphawebhosting will
automatically continue Web Hosting services indefinitely and will
charge the credit card You have on file with Alphawebhosting, at
Alphawebhosting's then current rates. It is Your responsibility to
keep your credit card information current, including the expiration
date. In the event You terminate, moving your web site off of the
Alphawebhosting hosting servers is Your responsibility.
Alphawebhosting will not transfer or FTP Your web site to another
provider.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as
long as Alphawebhosting is providing Web Hosting services to You.
You agree that Alphawebhosting may modify this Agreement from time to
time. Alphawebhosting may also discontinue services it provides under
this Agreement. You agree to be bound by any changes Alphawebhosting
may reasonably make to this Agreement when such changes become
effective.
3. DESCRIPTION OF SERVICE
Alphawebhosting currently provides Web Hosting services to its
customers for a monthly or yearly fee. Alphawebhosting will host Your
web site on Alphawebhosting's Web Hosting servers, provided, however,
You abide by the terms and conditions set forth herein and in each of
Alphawebhosting's policies and procedures.
You are responsible for ensuring that Your web site conforms to all
local, state, federal, and international laws. Further, You are
responsible for ensuring the legal copyright to any images, text, or
other web site elements that are not provided by Alphawebhosting.
4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete
information in the application process and that You will notify
Alphawebhosting within five (5) business days when any of the
information You provided as part of the application and/or
registration process changes. Failure by You, for whatever reason, to
respond within five (5) business days to any inquiries made by
Alphawebhosting to determine the validity of information provided by
You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false,
misleading or incomplete, or if Alphawebhosting has reasonable
grounds to suspect that Your information is inaccurate, not current,
false, misleading or incomplete, Alphawebhosting has the absolute
right, in its sole discretion, to terminate its Web Hosting services
and close Your account.
You warrant that each application You make is being done so in good
faith and that You have no knowledge of it infringing upon or
conflicting with the legal rights of a third party or a third party's
trademark or trade name. You also warrant that the web site being
hosted by Alphawebhosting will not be used in connection with any
illegal activity.
5. Alphawebhosting's RIGHTS
Alphawebhosting explicitly reserves the right and sole discretion to:
a. Censor any web site hosted on its Web Hosting servers that, in
Alphawebhosting's sole discretion, is deemed inappropriate;
b. Review every Web Hosting account for excessive space and bandwidth
utilization and to terminate or apply additional fees to those
accounts that exceed allowed levels;
c. Modify its pricing through email notification;
d. Terminate Your Web Hosting service for prohibited uses.
PROHIBITED USES:
Users may not:
1. Utilize the Services to send mass unsolicited e-mail to third
parties.
2. Utilize the Services in connection with any illegal activity.
Without limiting the general application of this rule, Users may not:
Utilize the Services to copy material from third parties (including
text, graphics, music, videos or other copyrightable material) without
proper authorization;
Utilize the Services to misappropriate or infringe the patents,
copyrights, trademarks or other intellectual property rights of any
third party;
Utilize the Services to traffic in illegal drugs, illegal gambling,
obscene materials or other any products or services that are
prohibited under applicable law;
Utilize the Services to export encryption software to points outside
the United States in violation of applicable export control laws; or
Utilize the Services in any manner that violates applicable law
3.Utilize the Services in connection with any tortuous or actionable
activity. Without limiting the general application of this rule, Users
may not:
Utilize the Services to publish or disseminate information that (A)
constitutes slander, libel or defamation, (B) publicizes the personal
information or likeness of a person without that person’s consent or
(C) otherwise violates the privacy rights of any person.
Utilize the Services to threaten persons with bodily harm, to make
harassing or abusive statements or messages, or to solicit the
performance of acts or services that are illegal under applicable law
4.Utilize the Services in connection with any other disruptive or
abusive activity. Without limiting the general application of this
rule, Users may not:
Utilize the Services to cause denial of service attacks against
Alphawebhosting or other network hosts or Internet users or to
otherwise degrade or impair the operation of Alphawebhosting's
servers and facilities or the servers and facilities of other network
hosts or Internet users;
Post messages or software programs that consume excessive CPU time or
storage space;
Utilize the Services to offer mail services, mail forwarding
capabilities, POP accounts or autoresponders other than for the User’s
own account;
Utilize the Services to resell access to CGI scripts installed on
Alphawebhosting’s servers;
Utilize the Services to subvert, or assist others in subverting, the
security or integrity of any Alphawebhosting systems, facilities or
equipment;
Utilize the Services to gain unauthorized access to the computer
networks of Alphawebhosting or any other person;
Utilize the Services to provide passwords or access codes to persons
not authorized to receive such materials by the operator of the system
requiring the password or access code;
Utilize the Services to (A) forge the signature or other identifying
mark or code of any other person, (B) impersonate or assume the
identity or any other person, or (C) engage in any other activity
(including "spoofing") to attempt to deceive or mislead other persons
regarding the true identity of the User (excluding the use of
anonymous remailers or Internet nicknames);
Utilize the Services to distribute or post any virus, worm, Trojan
horse, or computer code intended to disrupt services, destroy data,
destroy or damage equipment, or disrupt the operation of the Services;
Utilize the Services to conduct port scans or other invasive
procedures against any server (except any server for which the User is
an authorized system administrator);
Utilize the Services to distribute, advertise or promote software or
services that have the primary purpose of encouraging or facilitating
unsolicited commercial e-mail or spam;
Utilize the Services to solicit or collect, or distribute, advertise
or promote, e-mail address lists for the purpose of encouraging or
facilitating unsolicited commercial e-mail or spam;
Utilize the Services in any manner that might subject Alphawebhosting
to unfavorable regulatory action, subject Alphawebhosting to any
liability for any reason, or adversely affect Alphawebhosting’s
public image, reputation or goodwill, including, without limitation,
sending or distributing sexually explicit, hateful, vulgar, racially,
ethnically or otherwise objectionable materials as determined by
Alphawebhosting in its sole discretion; or
Utilize the Services in any other manner to interrupt or interfere
with the Internet usage of other persons.
You agree to indemnify and hold harmless Alphawebhosting for any
complications arising out of Your use of Alphawebhosting's Web
Hosting services, including actions Alphawebhosting chooses to take
to remedy Your improper or illegal use of a web site hosted by
Alphawebhosting. You agree You will NOT be entitled to a refund of
any fees paid to Alphawebhosting if, for any reason, Alphawebhosting
takes corrective action with respect to Your improper or illegal use
of its Web Hosting services
6. LIMITATION OF LIABILITY
You agree that Alphawebhosting's entire liability to You under this
Agreement, and Your only remedy, in connection with any service
provided by Alphawebhosting to You under this Agreement, and for any
breach of this Agreement by Alphawebhosting, shall be limited to the
fees You paid to Alphawebhosting for Web Hosting services
7. INDEMNITY
You agree to release, defend, indemnify and hold harmless
Alphawebhosting and its contractors, agents, employees, offices,
directors, shareholders and affiliates from and against any losses,
damages or costs, including reasonable attorney's fees, resulting from
any claim, action, proceeding, suit or demand arising out of or
related in any way to Your account with Alphawebhosting and/or Your
use of the Web Hosting services provided by Alphawebhosting.
8. DISCLAIMER OF WARRANTIES.
Alphawebhosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT
9. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part
of this Agreement is determined to be unenforceable or invalid, that
part of the agreement will be interpreted in accordance with
applicable law as closely as possible, in line with the original
intention of both parties to the Agreement. The remaining terms and
conditions of the Agreement will remain in full force and effect
10. NOTICES
You agree that all notices (except for notices concerning breach of
this Agreement) from Alphawebhosting to You may be posted on our web
site. Notices concerning breach will be sent either to the email or
postal address you have on file with Alphawebhosting. In either case,
delivery shall be deemed to have been made five (5) days after the
date sent.
Notices from You to Alphawebhosting shall be made either by email,
sent to the address we provide on our web site, or first class mail to
our address
11. PRIVACY STATEMENT
Privacy is a very serious matter for Alphawebhosting. It is true that
in order to process your request, we must know basic contact
information such as your full name, address, e-mail address, and
method of payment. All required information is kept internally and is
never shared with third parties. We will never give, lease, sell or
otherwise disclose your personal information. The emails you supply
will never be given to a third party and you will not receive
unsolicited emails as a result of selling the email lists.
If you have any questions regarding our privacy policy, please email
us on sales@alphawebhosting.net with the subject line "Privacy
Policy".
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