A VDS Inc Company
|TERMS OF SERVICE
AND ACCEPTABLE USE POLICY
UNSOLICITED BULK EMAIL ADVERTISING
("Spamming") Unsolicited commercial email advertisements sent from a
customer's account using a ALPHA-Hosting-hosted domain or a ALPHA-Hosting SMTP server will
result in immediate account suspension or cancellation. ALPHA-Hosting servers may not be
listed in any spammed message, either as an originator, intermediary, or reply-to address.
Violators will be immediately terminated without refund; legal action for theft of
services may also be initiated. Customers who are repeatedly flamed and/or mail-bombed, or
who attract such behavior, will be immediately terminated. Unsolicited commercial email
advertisements posted on Usenet newsgroups, sent from a customer's account using a
ALPHA-Hosting-hosted domain or a ALPHA-Hosting SMTP server, will result in immediate
account suspension or cancellation.
|automatically to the
card number on file. If for any reason the card does not clear with the bank on three
attempts, the account is subject to suspension. Any account not brought current within a
week of e-mail notice or exceeding this time frame in any way is subject to suspension. No
bills or invoices will be sent by regular mail. Invoices for those customers who pay by
check will be sent via e-mail 3-4 weeks before payment is due. The customer is responsible
for all money owed on the account from the time it was established to the time that the
customer notifies ALPHA-Hosting in writing for a request for termination of services.
Checks returned unpaid (NSF) will be assessed a $25 charge. All payment is in U.S.
currency. Domain registration fees are billed directly to the domain registrant by
InterNIC. The domain registrant is solely responsible for making payment. ALPHA does not
issue refunds for "down time" caused by the customer's failure to pay InterNIC
fees. CANCELLATION ALPHA-Hosting reserves the right to cancel service at any time. If
ALPHA-Hosting institutes its right of cancellation, all fees paid in advance of
cancellation will be pro-rated and paid by ALPHA-Hosting, EXCLUDING SETUP FEES. If
cancellation is caused by customers violation of ALPHA-Hosting policies, then no refund is
due whatsoever. Customers can cancel service any time and be refunded any amount exceeding
the pre-payment of the current month. Due to security concerns, all account cancellations
must be done in writing via US mail or fax with a valid signature of the primary contact
of the account, account name, reason for cancellation, and last 4 digits of credit card on
file. If payment was made by check or bank transfer, include the zip/postal code of the
primary contact. Payment will be made by company check within 30 days of receipt of
cancellation or credit card return. The account will be cancelled at the end of the
current billing period, unless a date of cancellation is specified.
Customers may not use ALPHA-Hosting' servers to conduct or solicit the performance of any illegal activity or to conduct any other activity which infringes the rights of ALPHA-Hosting or any third party. INAPPROPRIATE MATERIAL ALPHA-Hosting reserves the right to refuse service to anyone for any reason. ALPHA-Hosting will not host or handle material that contains pornography, obscenity, discriminatory/hate propaganda, "warez" related sites, or sites that promote the illegal distribution of software. ALPHA-Hosting retains sole discretion for determining which content falls into the above subject matter. ALPHA-Hosting will cancel the accounts of customers that cause an overload of ALPHA-Hosting' systems or results in reasonable complaints from other customers or third parties. The designation of any materials as such described above is left entirely to the discretion of ALPHA-Hosting management.
PROHIBITION AGAINST RESALE OF SERVICES
ALPHA-Hosting' services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of ALPHA-Hosting' resources. Doing so will result in immediate account cancellation. ALPHA-Hosting affiliates who are registered with alpha Web host are exempt from this provision.
Customer agrees that it shall defend, indemnify, save and hold ALPHA-Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ALPHA-Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ALPHA-Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ALPHA-Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from ALPHA-Hosting server.
ALPHA-Hosting will not be responsible for any direct or indirect damages your business may suffer as a result of ALPHA-Hosting' negligence. ALPHA-Hosting makes no warranties of any kind, expressed or implied, for services we provide. ALPHA-Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ALPHA-Hosting and its employees. ALPHA-Hosting reserves the right to revise its policies at any time.
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