Terms and Conditions
Terms of Service
By utilizing any services with Alpha Hosting, LLC (“Alpha Hosting” or we, us, our, etc.), clients agree to abide by these Terms of Service. We will never sell, distribute, reveal, or make available to any third party any of our customers’ information. We support the work of the anti-spam organizations. If there is ever a need to contact a client in regard to their account and service, we will contact them via email only. We reserve the right to make any reasonable adjustments to our terms of service at any time and clients agree to abide by any additions or adjustments to our terms of service as they are available to be viewed by anyone at any time.
For Non-Enterprise Hosting Services ONLY: if for any legitimate reason a client is unsatisfied with our services during the first forty five (45) days, they may request to discontinue our services and receive a full refund by emailing us at [email protected] Clients must provide us with a reason as to why they are choosing to cancel our services. We are the sole arbiter in determining the validity of this reason. If all possible steps were taken on the client’s side and on ours to correct the situation then a full refund will be issued. This guarantee only applies to the first forty five (45) days and does not apply to enterprise hosting services (non-enterprise services are those that include the following services- shared, managed cloud or dedicated cloud).
Domain Names and Domain Transfers
As part of our ethical hosting guidelines, we will take the necessary steps to register domain names on behalf of our clients when requested; however, clients are responsible for renewing their domain names. We do not take responsibility for failing to renew domain names. If a domain name is registered via our company, it is the client’s responsibility to ensure any necessary renewal actions are taken prior to expiration. We do not offer refunds on domains after the registration or renewal is complete. It is the client’s responsibility to verify domain spelling and number of years on new registrations and renewals.
All invoices will be generated and sent out fourteen (14) days before they are due. All clients will receive a reminder of the upcoming invoice three (3) days before the due date. Invoices will be emailed and made available in the client area of our website for viewing and payment. We accept three forms of payment: credit card, check, or PayPal. In the event a check is returned, a $35 fee will be assessed.
If an invoice is still unpaid two (2) days after the due date an overdue reminder will be sent. On the third day, a second overdue reminder will be sent. If payment is not received within ten (10) days of the invoice due date, the account will be suspended until payment is made in full. If there is a credit card on file we may attempt to process payment every seven (7) calendar days until payment is successful. Once payment has been made services will be unsuspended within 24 hours of receipt of payment.In the event the invoice is not paid within thirty (30) days of the invoice due date, the account will be terminated. Please contact our billing department at least seven (7) days before submitting a chargeback so that we may address any questions you may have regarding a specific payment. In the event a chargeback is received that is found to be for a legitimate charge, we may require a fee be assessed on your account and additional client authorization for any future charges. We are the sole arbiter in determining the validity of the chargeback.
We reserve the right to update product and service pricing at any time. We will endeavor to provide thirty (30) days notice in advance of any hosting plan price changes, and seven (7) days notice in advance of any “add on” service price changes. Clients will be notified of said changes via support ticket opened on their behalf by our staff.
Automatic Credit Card Payments
By filing a credit card with your account, you are authorizing Alpha Hosting to automatically process any and all invoices for services and renewals on said invoices’ due dates. Only charges for new services or changes to services will be subject to client approval before being processed.
Please be advised that by selecting the PayPal “Pay Now” or “Subscribe” button, a recurring PayPal subscription will be initiated. PayPal is a third-party payment gateway, and as a result, clients are solely responsible for the creation, maintenance, and cancellation of any recurring subscriptions. We do not possess the ability to create, alter, cancel, or prompt a PayPal payment or Subscription on behalf of our clients. It is the sole responsibility of the client to cancel PayPal subscriptions along with any of our services to prevent continuous billing through PayPal. We are able to refund payments up to ninety (90) days old directly to the original PayPal account; any approved refunds for payments older than this will be issued via physical check. In the instance a duplicate PayPal subscription is created we will refund all eligible payments and the remainder will be applied as an account credit.
In order to cancel services, clients must submit a ticket to the Billing Department either via their client area or from the primary email address of record. This ticket must state the service to be cancelled and the reason for cancelling. When the request has been processed a confirmation reply will be sent by our staff.
Please note that our Billing Department’s regular hours are Monday through Friday from 8:00 AM to 5:00 PM Central Time and any requests received outside of that time will be processed when they next return to the office.
NOTE: IT MAY TAKE UP TO SEVENTY-TWO (72) HOURS FOR THE CANCELLATION REQUEST TO BE FULLY PROCESSED.
Costs and fees do not continue to accumulate after we receive the cancellation request, but there are no pro-rated credits or refunds if the cancellation request is received after the renewal date of the services in question (see Refunds/Account Termination below).
We do not monitor active usage of services or add-ons. It is the client’s responsibility to notify Alpha Hosting once any services or addons will no longer be used. Cancellation requests must be submitted no less than three (3) business days prior to the renewal of the service in question. We make no guarantee that requests received less than three (3) business days prior to renewal will be completed before a new billing cycle is entered. Services canceled on or after the renewal date are not eligible for a refund. If you cancel your account and your payments still continue for any reason such as fault of our staff, fault of the credit card processor, or fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.
The lack of a written cancellation notice expressly implies a desire to maintain active services as well as an agreement to pay any associated charges.
For accounts paid via PayPal Subscription the client MUST cancel any Subscriptions to Alpha Hosting directly on the client’s PayPal account. This is not something Alpha Hosting may do on the client’s behalf. Please refer to the PayPal website for instructions on how to cancel a subscription.
If for any reason we fail to deliver the services ordered, a prorated credit may be issued upon request. No credits will be issued if the account was suspended or terminated for abuse of our stated policies. In the event account cancellation has been requested the account will be suspended from use after the last day of the paid billing cycle. It will then be scheduled for termination thirty (30) days after suspension.
Cancellations of accounts pre-paid for any term length will not receive a credit or refund for the remainder of the billing period; therefore, we encourage our clients to only submit cancellation when the account will no longer be used. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. We do not offer refunds on domains after the registration or renewal is complete. We do not offer refunds on third-party services such as Cloudflare, G Suite plans, or SSL certificates once they have been issued.
If for any reason an account becomes suspended and remains suspended for thirty (30) days it may be deleted after a 90-day period.
In the event a website has been suspended, canceled, or terminated for any reason, we reserve the right (but do not undertake any obligation) to retain one or more copies of the information on the web site for its own records. We further reserve the right to distribute any information on any web site to the information’s owner of record upon said owner providing adequate proof of ownership as determined by our sole discretion. Clients specifically release and hold us harmless from any claims arising out of the foregoing.
Our hosting plans are designed to accommodate the majority of usage scenarios given the needs of our customers; however, usage may vary and at times require additional allocations, specifically in the areas of storage and traffic. We will never automatically charge any client’s card if their account requires more resources. Clients must keep their email address updated within their Control Panel (cPanel), so that they may receive email notices when their account reaches certain limits determined solely by our system. Clients will receive a bandwidth usage warning when 80% of their allocation has been used. At this time clients may contact us to purchase a higher transfer quota for their account. Clients with overages will be charged $1.00 per GB of overage to be automatically invoiced on the service renewal date. If clients choose to upgrade their plan to accommodate their usage this fee may be waived.
We agree to take every reasonable precaution to provide the agreed upon services to our clients; however, we will not be liable for service interruption due to circumstances beyond our control including but not limited to: natural disaster, fire, downtime caused by failure of the power grid, or downtime caused by government acquisition or seizure of our assets.
In the event a website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and the client does not wish to upgrade to a dedicated server to accommodate the site’s needs, we will release the suspension within a period of 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of the files or the client will be allowed FTP/cPanel access for a predetermined time period.
If data is requested by a client to be recovered we will attempt to provide a restore from our backups. Client assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify these Terms of Service to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Acceptable Use Policy
We do not routinely monitor the activity of services used by clients for violation of this Acceptable Use Policy (the “Policy”). However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although we have no obligation to monitor Services provided and/or the network, we, and our affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and our customers. In other words, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service, or to terminate an account, for any reason.
Prohibited Actions under the Acceptable Use Policy include, but are not limited to:
- Objectionable Content- Any content (written, visual, audio, or implied) that:
- infringes upon any copyright, trademark, trade secret, or patent of any third party;
- violates any obligation of confidentiality;
- violates the privacy, publicity, moral or any other right of any third party;
- is hateful or obscene;
- is being used to harass, stalk, or otherwise threaten a person;
- is libelous, defamatory, knowingly false or misrepresents another person or;
- is threatening, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities or otherwise contains materials that we inform you that we consider objectionable.
- Adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or mislead.
- Attempting to impersonate any person by using forged headers or other identifying information.
- Network Unfriendly Activity
- Any activities which adversely affect the ability of other people or systems to use AlphaHosting services or the Internet are prohibited. This includes “denial of service” attacks against the AlphaHosting servers, network hosts or individual user.
- Commercial Email
- Sending unsolicited commercial e-mail. Using one of our products or services to distribute unsolicited commercial e-mail is prohibited.
- Sending large volumes of unsolicited e-mail (aka “mail bombing”) is prohibited.
- Access Control and Authentication
- Attempting to circumvent user authentication or security of any host, network, or account (aka “cracking”). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of AlphaHosting servers and networks.
- Proxy Hunters, Spiders, Robots
- Using any program/script/command, or sending messages of any kind, designed to interfere with a User’s session, by any means, locally or by the internet.
We prefer that you self-govern your content and remain responsible and all-knowing of your website publicly provides. Even if other users have access to your account, you are responsible for their actions. If we are made aware of any questionable content on site hosted by us, we will address the concerns immediately and directly with you to seek a resolution. If any person contacts us about content they have found on our server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
We believe in the freedom of speech and prefer to advise customers of inappropriate behavior and have the customer undertake any necessary corrective action. However, if our Services are used in a way that we or our distribution affiliates, in our reasonable discretion, believe violate this Policy, we, or our distribution affiliates, may take any responsive actions deemed appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of Services provided by us. Neither us nor our distribution affiliates will have any liability for any such responsive actions. The above-described actions are not our exclusive remedies and we may take any other legal or technical action it deems appropriate.
We reserve the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on our servers and network. During an investigation, we may suspend the service or services of the customer involved and/or remove material which potentially violates this Policy. You hereby authorize us and our distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include us providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer’s service, we are authorized to delete any files, programs, data and email messages associated with such account.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, transmit, or display while using any goods or services provided by us and that you are solely responsible for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
Any failure by us or our distribution affiliates to enforce this Policy, for whatever reason, will not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy 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 Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Alabama.
Personal data that either we or our affiliates (collectively, “we” or “us”) may collect may be transferred to other affiliates and subsidiaries, and, under limited circumstances, to platform partners (as more fully described below) where it is necessary to meet the purpose for which the visitor has submitted the information. By submitting data on our web sites, the visitor is providing explicit consent to transmission of data collected on the web sites for the fulfillment of their voluntary requests.
Please remember that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method. Therefore, although we take many precautions to protect our system and our servers, we cannot guarantee the security of any data on any server, including “secure servers.”
Information Collection and Use
Personal information regarding your name, company, address, etc., may be requested. This information is usually gathered in order to fulfill information requests from you, deliver products and services, and enable you to participate in our online discussion group.
We do not collect personal information about you when you visit our website unless you choose to provide that information to us. We collect limited non-personally identifying information your browser makes available automatically whenever you visit a website. This information may include the Internet Address of your computer or network, the date, time, and page you visited on our site, your browser and operating system, and the referring page. We may use the aggregated information from all of our visitors to measure server performance, analyze user traffic patterns and improve the content of our site.
Collection of Customer Information
Some of our online services require you to register for an account or become a customer. Customer information is information such as name, address, telephone number, and credit card information — information that identifies a particular individual or business. We collect and stores customer information in the following ways: As part of a customer’s registration for our services, customers must provide their user name, address, telephone number(s), company name (if applicable), and credit card or other billing information. We confirm your requested e-mail address(es) or domain registration(s) or Web site(s). Depending on the service(s) you select, we will give you a user ID number and one or more passwords that you must use to access and receive the services. We retain this information in our customer databases. If you purchase other goods or services from us through our web site, we will also collect your billing information. Any financial information that we collect is used solely to bill you for products and services that you have ordered.
Example of How We Use Customer Information For Billing
To examine system accounting logs, user mailboxes and other company records to resolve e-mail and other system errors or problems; to make sure that only our customers are able to access certain member-only services. This information is kept on limited access computers and is only available to those employees who have a need to know.
We provide some information to companies that we use to perform certain functions for us — for example, credit card numbers are sent to a credit card processing company for billing, and address information is given to a fulfillment company that sends out our software starter kits. These companies are authorized to use this information only for the expressed purpose of completing our business and are not authorized to release this information to other third parties.
Occasionally, we use our customer database to distribute newsletters or important notices to our customers. We may also use customer information to enforce our Appropriate Use Policy as described in the User’s Guide, but only to the extent necessary.
We will share customer information with governmental authorities when legally required to do so, and may cooperate with these authorities investigating claims of illegal activity such as (but not limited to) illegal transfer or use of copyrighted material, or postings or e-mail containing threats of violence. Except under the limited circumstances described above, we do not disclose customer information to third parties.
Voluntary Customer Surveys
If you have been with us for a while, you most likely know that we periodically conduct both business and individual customer surveys. We encourage all of our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Please remember that your participation in our customer surveys is voluntary.
How We Use Customer Survey Responses
We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. The aggregated information may be shared with third parties.
Website Use and Navigation Information
Each time a user visits our web site, certain anonymous use and navigation information is collected by our servers. This information is aggregated and anonymous. It tells us how our Web Site is used and navigated, including the number, frequency and duration of visits to each web page. Web site use and navigation information that we collect may include the domain names of visitors who are not already our customers (such as “www.user’sinternet-service-provider.com”), and of our customers, but it does not otherwise contain individually identifiable information about any visitor to our Web Site.
How We Use Website Use and Navigation Information
Like customer survey information, we use the anonymous, aggregated information to improve the content and navigation features of our Web Site. We also may use the anonymous, aggregated information to enable our affiliates or advertisers to evaluate whether to post advertising banners or other material on our web site.
We have relationships with certain service providers (our “platform partners”) for services that may be of interest to you. These services include things like web site design, development and consultation. If you elect to use a platform provided by a platform partner, we will share certain information with that partner.
How and What We Disclose to Platform Partners
As noted above, if you choose to use a particular third-party platform, we will share certain information with that platform provider. In other words, choosing to use a particular platform is your consent for us to share information about you with the platform partner. The information we share may include your name, address, telephone number(s), company name (if applicable) and email address. We share this information for the limited purpose of customer relationship management.
Information Sharing and Disclosure
Special Terms related to the European Economic Area
If you are in the European Economic Area (“EEA”), the following provisions apply to you, effective May 25, 2018. As used in this Section, “Personal Data” means data about any living individual who can be identified from that data or from that data and other information either in our possession or likely to come into our possession.
Legal Basis for Processing
We may process your Personal Data because you have given us permission to do so (e.g., by sending data through our contact or order forms), because the processing is in our legitimate interests and it’s not overridden by your rights, or because we need to process your Personal Data to comply with the law.
Your Rights Under the General Data Protection Regulation (“GDPR”)
If you wish to know what Personal Data we hold about you, to have us remove it, or otherwise to exercise your rights, please contact us at [email protected] In some cases, you also have the following rights related to your Personal Data:
- The right to access, update, or delete your Personal Data.
- The right of rectification—to have your information altered if it is inaccurate or incomplete.
- The right to object to our processing of your Personal Data.
- The right of restriction—to request that we restrict how we process your Personal Data.
- The right to data portability—to receive a copy of the information we have on you in a structured, machine-readable, and commonly used format.
- The right to withdraw consent to our processing of your Personal Data.
- The right to complain to an EEA data protection authority (a government agency) about our management of your Personal Data.
Cross-Border Transfer of Personal Information
By using any product or service offered by AlphaHosting, you expressly agree that use of such product or service is at your sole risk. Express as expressly provided to the contrary, the products and services offered by AlphaHosting are provided on an “AS IS” and “as available” basis. AlphaHosting does not warrant the accuracy, integrity, or completeness of the products or services offered by AlphaHosting. Further, AlphaHosting makes no representation that products and services provided are applicable to, or appropriate for use in, locations outside of the United States. AlphaHosting specifically disclaims all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose, except as specifically and expressly provided to the contrary. No oral advice or written information given by AlphaHosting will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances will AlphaHosting be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of or inability to use the products and services of AlphaHosting, including but not limited to reliance by you on any information obtained from AlphaHosting that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, unauthorized intrusions or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of AlphaHosting has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through AlphaHosting. Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
IN NO EVENT WILL THE LIABILITY OF SIMPLE HELIX FOR ANY CLAIM UNDER ANY THEORY WHATSOEVER EXCEED ANY AMOUNTS IN EXCESS OF THE TOTAL FEES PAID TO SIMPLE HELIX FOR SERVICE OR EQUIPMENT DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO ALLEGED LIABILITY.
You will defend, indemnify, and hold harmless AlphaHosting from and against any and all claims, demands, actions, causes of action, judgments, liabilities, damages, losses, injuries, costs and expenses arising from (a) the use or misuse of the Service or Equipment by you or by any person you allow to use the Service or Equipment, or (b) any breach of these Terms by you, including, but not limited to, claims by any owner of the primary location where you use the Service and claims by or through any customers you may have. You also agree to pay AlphaHosting’s reasonable attorneys’ fees and costs related to prosecuting or defending such claims and to enforcing these Terms, including any and all such fees incurred in connection with any appeal. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
Service-Level Agreement (SLA)
This Service Level Agreement between you and AlphaHosting, LLC (“AlphaHosting”) (the “SLA”) covers three components that support the availability of your web site:
- Network Infrastructure
- Data Center Infrastructure
- Server Hardware
We guarantee that our data center network infrastructure will be available 100% of the time (as measured on a monthly basis), excluding scheduled or emergency maintenance. The data center network means the portion of our network extending from the outbound port on your edge device to the outbound port of the data center border router.
Should our network infrastructure become unavailable for a cumulative period up to 20 minutes beyond the 100% minimum in any month of service, the client can receive a credit equivalent to 5% of the client’s recurring monthly fees up to 100% of your monthly fee for the affected server(s). In no event will credit accumulated during any monthly billing period exceed 100% of one monthly billing fee.
Data Center Infrastructure
We guarantee that data center HVAC and power (including UPSs, PDUs and cabling) will be available 100% of the time (as measured on a monthly basis), excluding scheduled or emergency maintenance. Data center infrastructure power does not include the power supplies on your server hardware. Should our data center infrastructure become unavailable for a cumulative period up to 20 minutes beyond the 100% minimum in any month of service, the client can receive a credit equivalent to 5% of the client’s recurring monthly fees up to 100% of your monthly fee for the affected server(s). In no event will credit accumulated during any monthly billing period exceed 100% of one monthly billing fee.
We guarantee 100% functionality of all server hardware components and will replace any failed component at no cost. “Server Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Server hardware replacement will begin once we identify the cause of the problem and will be complete within one hour of problem identification.
Once server hardware has been identified as faulty, the client can receive a credit equivalent to 5% of the client’s recurring monthly fees up to 100% of your monthly fee per additional hour of downtime for the affected server(s). In no event will credit accumulated during any monthly billing period exceed 100% of one monthly billing fee.
All credit calculations will be based on unavailability in 20-minute increments unless credit is related to a server hardware guarantee, which will be calculated in hourly increments. Any and all credits to the client will not exceed 100% of the client’s recurring monthly fees for the month in which the credit is paid. All SLA credits must be requested within 15 days of the incident via the client area. A failure to request credit within 15 days of the incident operates as a waiver to the right to any credit.
This policy statement lists our requirements for notice of copyright infringement and for responses to such a notice if you or your materials are accused.
We use the copyright infringement procedures of the Digital Millennium Copyright Act.
1. Notice of Copyright Infringement
To notify us of copyright infringement, please send a written communication to our Abuse Department, at the contact points listed below in Part C. That written communication should include the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.Counter-Notice by Accused Subscriber
If you are a customer and we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Abuse Department, at the contact points listed in Part C below. That written communication should include the following:
1) A physical or electronic signature of the customer.
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3) A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4) The customer’s name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the customer’s address is outside of the United States, the Federal District Court with original jurisdiction over Madison County, Alabama, and that the customer will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
3. Agent for Notices
Please send all notices required by this policy to our Abuse Department at [email protected], 866-963-0424, 165 West Park Loop, Huntsville, AL 35806.
4. Termination of Repeat Infringers
In appropriate circumstances, we will terminate the accounts of customers who are repeat DMCA infringers.
5. Revision of Policy
We may revise this policy at any time, including by posting a new version at this website.
TERMS AND CONDITIONS OF AFFILIATE AGREEMENT PLEASE READ AND CONSIDER THE ENTIRE AGREEMENT AND ALL TERMS AND CONDITIONS. YOU SHOULD PRINT THIS PAGE FOR YOUR RECORDS. PLEASE BE ADVISED THAT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ALPHA HOSTING, LLC (“ALPHA HOSTING” or WE, US, OUR, ETC.). BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING TO EACH AND EVERY TERM AND CONDITIONS AND ARE REPRESENTING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO ABIDE BY AND BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Whereas, this Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Alpha Hostings’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the alphahosting.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to alphahosting.com, and “you,” “your,” and “yours” refer to Affiliate.
Whereas, it is anticipated that the parties will utilize their best efforts to enable and ensure a successful affiliation.
- Affiliate Obligations
2.1. The first step in the process is to submit an Affiliate application at the CJ.com server. Please be advised that auto-approval of an application does not imply acceptance. We reserve the right to re-evaluate your application at any time. We additionally reserve the right to reject any application at Alpha Hosting’s sole discretion. The determination of unsuitable content on a site may result in the cancellation of the application or the affiliate status.
2.2. Affiliate represents it will not utilize material that is obscene, defamatory, slanderous, hateful, illegal, promotes or reflects discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class, promotes or encourages any illegal activities, contains or incorporates any material which infringes or assists in the infringement of copyrights, trademarks or any other intellectual property rights or to violate any law, which includes “Alpha Hosting” or variations or misspellings thereof in its domain name, is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion, contains or encourages software downloads that potentially enable diversions of commission from other affiliates in our program; or politically disruptive material, the definition of which shall be at the sole discretion of Alpha Hosting.
2.3. It is also understood that Affiliate shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as for commissions will be withheld. Affiliate further agrees to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by Alpha Hosting, or its associates due to such action.
2.4. Affiliate may not create or design a website or utilize any other website, explicitly or implied in a manner which resembles Alpha Hosting’s website nor design a website in a manner which leads customers to believe Affiliate is Alpha Hosting or any other affiliated business.
2.5. Affiliate assumes all responsibility to follow all applicable intellectual property and other laws pertaining to Affiliate’s site. Affiliate agrees to secure express permission for the use any copyrighted material. Alpha Hosting is not responsible (and you will be solely responsible) for the unauthorized use of another’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.6. Alphahosting.com reserves the right, at any time, to review placement and approval of all use of Your Links and may require changes in the placement or use in compliance with the guidelines provided.
2.7. Affiliate represents all maintenance and/or updating of its site shall be its sole responsibility. Alpha Hosting reserves the right to monitor Affiliate’s site, as necessary, to ensure compliance and to will notify you of any changes advised to enhance performance.
- Alphahosting.com Obligations and Rights
3.1. This Agreement begins with our acceptance of your Affiliate application, and will continue unless terminated hereunder.
3.2. In the event of the commission of a fraud, alphahosting.com reserves the right to terminate this Agreement due to an abuse of the Affiliate program, in any way. Should fraud or abuse be detected, alphahosting.com shall not be liable for any commissions for such fraudulent sales.
3.3. Alpha Hosting reserves the monitoring rights to Affiliate’s site at any time to determine compliance with the terms and conditions of this Agreement. Alpha Hosting may recommend changes to your site, or to ensure content appropriate links to alphahosting.com and may notify further of any suggested changes to preserve the integrity of the program and the Agreement. Failure to implement reasonable recommendations may result in the termination of your participation as an Affiliate.
- At Will Termination
This Agreement may be terminated at any time, at will and with or without cause, by providing the other party written notice of termination. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement.
Alpha Hosting reserves the right to modify any terms and conditions set forth herein at its sole discretion. Modification occurs by updating this posting, without notice to Affiliate. Should any modification occur, Affiliate will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Affiliate rules. Should any modification be unacceptable, Affiliate reserves the option to terminate this Agreement as set forth in paragraph
four (4). Continued participation in the Affiliate Program following the posting of the changes or any new or updated Agreement on Alpha Hosting’s site indicates acquiescence to the changes.
6.1. The parties hereto acknowledge that Alpha Hosting utilizes CJ.com as a third party affiliate network for processing, tracking and payment. Alpha Hosting recommends that Affiliate review that CJ.com’s payment terms and conditions.
6.2. Affiliate will receive a unique affiliate URL which you will use to advertise the website. When someone clicks through this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Masking or cloaking of the links (whether done by software or by a script and sometimes referred to as “affiliate link cloaking”) may or may not work with parts of the Sites. The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.
- Access to Affiliate Account Interface
Affiliate agrees to create a password so that a secure interface may be established with ShareASale.com. Reports explaining the calculation of commission is available on the secure interface.
- Promotion Restrictions
8.1. Affiliate is unrestricted in the promotion of proprietary web sites. Any promotion mentioning alphahosting.com could be construed by the observer as a joint effort. Certain forms of advertising are always prohibited by Alpha Hosting. Advertising campaigns commonly referred to as “spamming” is unacceptable to Alpha Hosting and could cause reputation damage. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups. Advertising in any way that effectively conceals or misrepresents Affiliate’s identity, domain name, or return email address is prohibited. Direct mail to customers promoting alphahosting.com is not restricted so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Postings to newsgroups promoting alphahosting.com is permitted so long as commercial messages are specifically permitted by the news group. Clear representation of Affiliate and websites from alphahosting.com must be made at all times. Spamming will be considered cause for termination of this Agreement. Pending balances owed will not be paid if your account is terminated due to unacceptable advertising or solicitation.
8.2. Alphahosting.com does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to Alpha Hosting, or any of their associated companies or websites, Partners, or employees, the websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. If, in the opinion of Alpha Hosting, Affiliate breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited.
8.3. Affiliate represents that the use of keywords to exclusively bid in their Pay-Per-Click campaigns on keywords such as alphahosting.com, Alpha Hosting, www.alphahosting.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords. Affiliate represented that these shall not direct the traffic from such campaigns to their own website prior to re-directing it to alphahosting.com, will be considered trademark violators, and will be banned from the program. Efforts will be made to notify Affiliate prior to the imposition of any ban. We reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.4. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads.
8.5. Affiliate agrees to not transmit any “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link, until such time as the consumer has fully exited Alpha Hosting’s site (i.e., no page from our site or any alphahosting.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Alpha Hosting’s site in IFrames, hidden links and automatic pop ups that open alphahosting.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
- Grant of Licenses
9.1. Alpha Hosting specifically grants Affiliate a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links, solely in accordance with the terms of this Agreement, and (ii) uniquely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. Affiliate is entitled to use the Licensed Materials, only to the extent of membership in good standing of Alpha Hosting’s program. Affiliate agrees that all uses of the Licensed Materials shall be on behalf of alphahosting.com.
9.2. The parties hereto agree not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the other in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
ALPHAHOSTING.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ITS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED HEREIN, ANY IMPLIED WARRANTIES OF ALPHAHOSTING.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, NO REPRESENTATION THAT THE OPERATION OF ALPHA HOSTING’S SITE WILL BE UNINTERRUPTED OR ERROR FREE IS MADE, AND NO LIABILITY IS ASSUMED FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- Representations and Warranties
Affiliate represents and warrants as follows:
11.1. This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against Affiliate in accordance with its terms;
11.2. Affiliate has the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. Affiliate has sufficient right, title, and interest in and to the rights granted to Alpha Hosting in this Agreement.
- Limitations of Liability
ALPHA HOSTING WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, UNINTENDED, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ALPHAHOSTING.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
13.1 Affiliate agrees to indemnify and hold harmless alphahosting.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
13.2 The Parties shall at all times be solely responsible for the actions of their employees, licensees and other marketing personnel as well as secretarial and support staff hired or engaged by them. The Parties shall not be considered the employer, and shall not be in any way responsible for the unauthorized actions of any of the others personnel or of any associate or licensee thereof or any other brokers or agents. Nothing contained in this Agreement shall be construed as making the Parties partners with each other.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. Both parties hereto represent and agree that neither is an independent contractor of the other, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship whatsoever. Affiliate has no authority to make or accept any offers or representations on behalf Alpha Hosting.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. In the event of any dispute between the Parties relating to this Agreement or the performance of the terms of this Agreement, the Parties agree that such dispute shall be resolved by binding arbitration (“Arbitration”). The Arbitration shall be conducted pursuant to the rules of the Eighth Judicial District Court rules of arbitration. All discovery permitted in judicial proceedings in the State of Nevada shall be permitted in the Arbitration, and judgment on any arbitration award rendered by the arbitrator(s) may be entered in any court. The arbitrator(s) shall have the authority to award punitive, exemplary, or similar damages. The prevailing party in such arbitration proceedings shall be entitled to recover the actual out-of-pocket expenses, including the cost of the arbitration, the fees of the arbitrator(s), and all reasonable attorneys’ fees and compensatory damages. In the event of litigation between the parties, outside of arbitration, the prevailing party in such litigation shall be entitled to recover all costs and reasonable attorneys’ fees from the non-prevailing party. THIS AGREEMENT SHALL BE GOVERNED UNDER NEVADA LAW AND VENUE FOR THE RESOLUTION OF ALL DISPUTES SHALL BE IN NEVADA.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement, when executed, constitutes the entire agreement between the parties and supersedes all (both oral and written) contemporaneous and prior discussions, negotiations, and agreements. Each party represents and warrants to the other that in executing this Agreement, it is not relying on any prior or other discussions, negotiations, or agreements, except for the matters and promises explicitly contained in this Agreement. There shall be no valid or binding amendment, alteration, cancellation, or withdrawal of this Agreement unless made in writing and executed by each of the parties.
15.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
15.7. No consent or waiver, express or implied, by any party or of any breach or default by a party in the performance of their obligations under this Agreement shall be deemed or construed to be a consent or waiver to any other breach or default by such party under this Agreement. Failure on the part of either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights under this Agreement.
By using our Services, you agree to be bound by these Terms. By using these services, as an Affiliate, employee, independent contractor or agent of any organization, you are agreeing to these Terms and Conditions on behalf of yourself and that organization.