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TERMS OF SERVICE AND ACCEPTABLE USE POLICY

GENERAL
ALPHA-Hosting reserves the right to refuse service to anyone at its sole discretion. ALPHA-Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by ALPHA-Hosting when ALPHA-Hosting decides that the account has been inappropriately used.

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.

ABUSE OF UNLIMITED TRAFFIC & STORAGE

ALPHA-Hosting customers are privileged to be offered unlimited traffic and very large amounts of storage for their web sites. We expect our customers to use these resources in good faith. The intention of ALPHA-Hosting is to provide a large space to serve web documents, not an offsite storage area for electronic files. To prevent abuse;
1) ALPHA-Hosting web space must be used as a facility for web hosting only; 2) ALPHA-Hosting storage must not be used as a facility for backup purposes; 3) All non-HTML files must be referenced by HTML files. All web pages (HTML) must be 'linked' with all files (.gif, .jpeg, .exe, etc.) stored on ALPHA-Hosting' servers. Web sites that are found to contain no html documents or a number of unlinked files are subject to warning, suspension or cancellation at the discretion of ALPHA-Hosting management. Due to the unique resource characteristics and hit patterns associated with certain site types of sites, the following do not qualify for unlimited web space or bandwidth, and should contact ALPHA-Hosting regarding metered rate accounts: file/download archives (including shareware archives, sound archives, video archives, image archives, and multimedia archives), mirrors, distribution points, or any other site whose sole or primary purpose is for file distribution. Large sites MUST make prior arrangements with ALPHA-Hosting before signing up. Specifically, drastic changes or increases in storage size or bandwidth must be coordinated with ALPHA-Hosting so that we are prepared to handle the increase in resource demand. In short, ALPHA-Hosting will give large sites the flexibility they need, provided that such accounts do not negatively impact other ALPHA-Hosting customers. ALPHA-Hosting email accounts may not be used for permanent storage of email, and must be cleared periodically. In other words, don't click the "leave mail on server" box found in many popular email clients. Violation of any part of this "good faith" policy can result in warnings or requests to switch to a metered rate. Flagrant violations will result in termination of service with no further notice and no refund.

VIRUSES

In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists, to immediately eliminate the virus or destructive element. Customer will notify ALPHA-Hosting as to the existence of any such virus or destructive element immediately upon discovery thereof, and ALPHA-Hosting will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable under any circumstances. All pricing is guaranteed for the term of pre-payment. ALPHA-Hosting reserves the right to change prices at any time. Any cancellations or modifications in services included in a Special invalidates the Special price. Payment is due each anniversary month or period following the date the account was established. Credit card orders will be charged


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.

LAWFUL PURPOSE
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.

INDEMNIFICATION
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.

DISCLAIMER
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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