General Terms and Conditions of Use
The Parties
1. AlphaHostPlus Corporation ("the Provider")
2. ("the Customer")
This Agreement governs the terms of the use by the Customer of services offered by the Provider.
1. General Terms of Service
1.1. This Agreement supersedes any other written or oral agreement reached between the Provider and the Customer. Upon signing up for services made available by Provider, you agree to fully comply with this Agreement.
1.2. This Agreement will begin on the date of this Agreement and will be valid until the end of the calendar month. The Agreement will automatically renew for successive one calendar month periods until terminated by either party (as provided in Section 6).
1.3. The Customer will indemnify and hold the Provider harmless from and against all claims, damages, costs (including attorneys' fees) from any source or for any reason which are related to your use of the Provider services.
1.4. The Customer will use the services offered by Provider in a manner consistent with all applicable international law.
1.5. The Customer agrees and acknowledges that the Provider may reveal any and all subscriber information to any law enforcement agent who makes a written request without further consent or notification to the Customer.
1.6. The Provider can send to the Customer notifications, newsletters, special offers and other information.
1.7. The Provider may terminate this Agreement and all services without prior notice to the Customer and without any compensation if the Customer does not comply with this Agreement.
1.8. The Provider is under no duty to look at each Customer's activities to determine if a violation of this Agreement has occurred.
1.9. The Provider reserves the right to add, delete, or modify any provision of this Agreement at any time without notice. The Customer understands that change to this Agreement shall not be grounds for early the Agreement termination or non-payment.
1.10. The exclusive place of jurisdiction for all legal disputes arising from this Agreement shall be Commonwealth of Dominica.
2. We prohibit the use of any our service for any illegal activities.
Unacceptable use includes, but is not limited to, any of the following:
2.1. Using or distribution any data, material or program in violation of the copyright, intellectual property rights or trademark rights.
2.2. Publish any sexually explicit images, satanic material or material that is grossly offensive.
2.3. Threatening, racial, or otherwise abusive content.
2.4. Using or distribution any files that contains viruses or any other destructive features.
2.5. Using filesharing-related (e.g. BitTorrent) software or services.
2.6. Creating online casino or internet lottery without license and without prior consent.
2.7. Creating or forwarding "chain letters" or other "pyramid schemes" (e.g., via Email or Instant messaging).
2.8. Interfere with use of the Internet by any other users (e.g., denial of service attack).
2.9. Using IRC-related software or services (e.g., IRCd, Eggdrop, psyBNC) without prior consent.
2.10. Violators will be assessed a minimum fine of €50 (in words: fifty EURO).
3. UCE (Unsolicited Commerce Email) - SPAM
3.1. The Provider takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. The Customer are also in violation of this provision if they engage in spamming using the service of another provider, but reference in the spam a website hosted on an the Provider server. The Provider will be the sole arbiter as to what constitutes a violation of this provision. Violators will be assessed a minimum fine of €500 (in words: five hundred EURO) and will face immediate suspension. If such violation is a criminal offence, the Provider will notify law enforcement officials.
4. Limitation of Liability
4.1. You expressly understand and agree that the service is provided to you on an "AS IS" and "AS AVAILABLE" basis. You also understand and agree that in no event shall the Provider be liable to the Customer for consequential, exemplary, indirect, special or incidental damages (including, but not limited to, lost profits, lost savings, or lost data), or any third party for any damages whatsoever, even if advised of the possibility of such damage, losses, or expenses. The Provider's entire liability under this Agreement for any damages from any cause whatsoever, regardless of form or action, whether in contract, negligence or otherwise, shall in no event exceed the payments made by the Customer to the Provider in the given month.
5. Payments and Fees
5.1. The minimum contract duration is one month. The Customer will pay for services provided under this Agreement by invoices submitted to Customer by Provider. All payments must be made in Euros (EUR) or in US Dollars (USD).
5.2. You understand and agree that all fees paid to the Provider are strictly non-refundable.
5.3. Accounts that reach 24 hours past due will be suspended or cancelled. The Provider reserves the right, in its sole discretion, to levy an account reactivation charge where the Customer account has been suspended.
6. Cancellation Procedure
6.1. Notice of cancellation from the Customer must be received a minimum of seven (7) business days before the next payment date. If notice of cancellation is received less than seven (7) business days prior to the renewal date, the Customer will be required to make their next payment before the service can be cancelled. Notice of cancellation must be made in writing via helpdesk system (https://www.support.alphahostplus.com/helpdesk/) or via billing system (https://www.customer.alphahostplus.com). The Customer must wait to receive a confirmation of the cancellation.
7. Network Availability
7.1. The Provider undertakes to provide a 98,5% network uptime as an average over a year (excluding scheduled maintenance and emergency maintenance).
8. IP Addresses
8.1. The Provider maintains control of any and all IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP addresses.
9. Bandwidth Usage
9.1. The Customer may not exceed monthly bandwidth included with the monthly plan. Overage fees will be charged at €0.20 per Gigabyte per month.
10. Backups
10.1. The Provider is not responsible for any files and/or data residing on the Provider's servers. The Customer is solely responsible for independent back-up of data.
11. Confidential Information
11.1. The Provider and the Customer agrees to keep confidential and use only for the purpose of exercising and performing its respective rights and obligations under this Agreement.
12. Customer Obligations
12.1. The Customer hereby represents and warrants that he or she is eighteen years of age or older and fully legally competent.
12.2. The Customer hereby represents and warrants that he or she possesses the legal right to enter into this Agreement.
12.3. The Customer is responsible for the actions of any third-party to whom they allow access to the services offered by the Provider.
Payment of the Customer of the first months fees shall constitute acceptance of this Agreement.