Terms and Conditions
Where the context
admits: "We" includes Alpha Net Computer Services or any party acting on Alpha
Net Computer Services' implicit instructions. "You" includes the person
purchasing the services or any party acting on the customer's instructions.
"Server" means the computer server equipment operated by us, our affiliates, or
those of whom we are affiliates, in connection with the provision of the
Services. "Web Site" means the area on the Server allocated by us to you for use
by you as a site on the Internet. In consideration of the mutual covenants
herein, the parties agree to the following, which shall apply during the term of
this agreement.
By using our services you agree to be bound by our terms and conditions below:
1.
Web Site Hosting And Email
1.1 We shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we make no representation and give no warranty
as to the accuracy or quality of information received by any person via the
Server and we shall have no liability for any loss or damage to any data stored
on the Server.
1.2 You shall effect and maintain adequate insurance cover in respect of any
loss or damage to data stored on the Server. Such adequate insurance should
include a backup of your website’s data.
1.3 You represent, undertake and warrant to us that you will use the Web Site
allocated to you only for lawful purposes. In particular, you represent, warrant
and undertake to us that:
1.4 You will not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
1.5 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal
offense or which infringes any patent, trade mark, design right, copyright or
any other intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
1.6 You will not send bulk email whether opt-in or otherwise from our network.
Nor will you promote a site hosted on our network using bulk email.
1.7 You will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
1.8 We reserve the right to remove any material which we deem inappropriate from
your web site without notice. We do not host Warez or illegal MP3 content (i.e.
you may only upload MP3's if you own the copyright).
1.9 You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of any
known or suspected unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your password or other
security information.
1.10 You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other customers.
1.11 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
1.12 In the case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the Services will
not be used by anyone under the age of 18 years.
1.13 Any access to other networks connected to Alpha Net Computer Services must
comply with the rules appropriate for those other networks.
1.14 While we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free from
unauthorized users or hackers and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
1.15 Users that abuse the network, such as mass unsolicited email (spam),
illegal content, fraud, payment invasion, will have their name, website address,
details of the abuse and ip number posted on our "name and shame" forum to aid
other hosts and our resellers in refusing you future accounts. Under all
circumstances we will inform your ISP of your actions and if necessary legal and
police departments. We will not tolerate any abuse of our network and abuse will
be punished to the fullest extent allowable under law.
1.16 In relation to clause 1.15, we have the right to charge a $150 fine for
each abuse case and the abuser will be liable for any costs incurred by
ourselves, our customers or any other company / business linked to us.
1.17 If you abuse the network or we receive a complaint about your account we
will investigate this and we have the right to suspend the account if your
actions could have a negative effect on our business or any other business
connected to us. In extreme cases we may terminate your account and end our
business relationship with you immediately. In such circumstances a refund will
not be paid. Attempts to recover any monies paid in abuse situations will result
in legal proceedings against you to the fullest extent allowable under law.
1.18 We reserve the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered your agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. We reserve the right to change the rate charged for any such fee under this agreement with 30 days notice. Promotional offers and rates may not be combined.
2. Credit / Debit
Card Chargebacks
2.1 If services have been used and the customer requests their bank to recall
the payments made (sometimes called a chargeback) then legal action will be
taken against the customer to recover such payments in all circumstances.
2.2 All actions of fraud are automatically reported to the police and dealt with
according to our fraud policy as detailed on our website without exception.
2.3 Any cases of underage pornography or any other material we deem to be
offensive (including but not limited to viruses) on our servers will
automatically be reported to the police and we will work with such bodies to
ensure that legal action is taken against you. We will never tolerate such
actions.
3. Web Site Hosting
Service Availability
3.1 We shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to last for
more than 2 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one log-in session
under any one account may be used at any time by you. If you have multiple
accounts, you are limited to one login session per system account at any time;
user programs may be run only during log-in sessions. If your account is found
to have been transferred to another party, or shows other activity in breach of
this sub-clause, we shall have the right to cancel the account and terminate the
Services and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required to upgrade/service
hardware or problems caused by your equipment or 3rd parties, for example but
not limited to, your ISP (internet service provider).
4. Payments
4.1 All charges payable by you for the Services shall be in accordance with the
scale of charges and rates published from time to time by us on our web site and
shall be due and payable in advance of our service provision. We reserve the
right to change pricing at any time although all pricing is guaranteed for the
period of pre payment.
4.2 Payment is due each month or year until closure notice is given. If you
choose to pay by credit or debit card you authorize Alpha Net Computer Services'
credit card / debit card processing to debit your account renewal fees from your
card.
4.3 All payments must be in $US (US dollars).
4.4 Without prejudice to our other rights and remedies under this Agreement, if
any sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
4.5 Orders submitted using free email accounts may be subject to a telephone
call to confirm the order prior to the account being set up.
4.6 From time to time security checks are performed and new customers may be
telephoned prior to any service commencing.
4.7 If unpaid monies are owed to us for one or more services we reserve the
right to suspend / terminate all services you hold within the Alpha Net Computer
Services network and its sister websites.
4.8 If monies are owed to us are not received in full within 30 days of our
final request it will be considered as fraud and our fraud policy, as detailed
on our website, will be used to collect such monies without exception.
4.9 Upgrading web hosting plans may be subject to a one time fee in addition to
the upgrade fee. For this fee rate, ask a sales representative.
5. Web Site Hosting
Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services
and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to suspend the
Services and/or terminate this Agreement forthwith without notice to you.
5.4 Refunds will be given at the discretion of the Company Management including
refunding of upfront yearly fees.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement
/ your account at any time with no notice or reason.
5.6 You may cancel the Services at any time. Canceling payments to us on monthly
paid plans will result in the immediate suspension of the service(s). For
annually paid plans the account will be suspended at the end of the 12 month
period. Partial refunds will only be given on annual plans, at our discretion.
5.7 On termination of this Agreement or suspension of the Services we shall be
entitled immediately to block your Web Site and to remove all data located on
it.
5.8 When an account termination request is received, the account will only be
terminated if it contains enough proof that we know it came from the authorized
account holder. Such information required is: account number, username,
password, and a confirming telephone call.
5.9 When a valid account termination request is received it will be terminated
immediately. We do not accept termination requests that request closure at a
future date.
5.10 Accounts closed in error by the customer will not be reopened unless we
receive new payment equivalent to one months service which must then be
cancelled by the customer at the correct time of closure.
6. Web Site Design
Services
6.1 Amendments to any website design will incur a fee, except in circumstances
where we have made an error.
6.2 We will deliver the full contents of your website within 10 working days, or
as otherwise agreed.
6.3 Our Basic Web Design Service does not guarantee that the template used to design your website will be original, or solely owned by you.
6.4 By agreeing to
allow us to design your site, you assume full liability for the content of your
site. We shall not be held liable for any content on your site, whether put
there by us, or by you.
7. Domain Name Registration
7.1 When registering a domain name through Alpha Net Computer Services, you understand that we will register the domain name for you to use, but only under the condition that you will host the site through us. If you decide to no longer host with Alpha Net Computer Services, a fee will be assessed by Alpha Net Computer Services to transfer the domain name to you or your new hosting company. This fee does not include any fees you will incur elsewhere.
8. Adult Website
Hosting
8.1 We do not under any circumstances allow adult content (i.e. content of a
pornographic nature).
8.2 Any customer
found to be hosting adult content of pornographic nature will have their account
terminated immediately and the offending content will be passed to governing
authorities if appropriate.
9. Secure Certs
9.1 Secure certificate fees are non refundable.
9.2 We require proof of authority to use the domain name for which the
certificate is applied for, and proof of identity before we will issue your
certificate. Proof must be faxed to us via the fax numbers on our website.
9.3 For business application we may also require proof of business trading.
9.4 The certificate is for a 12 month period only. You may renew your
certificate before it expires for continuous service.
9.5 If the renewal payment is not received at the end of the 12 month service
period your certificate will be suspended.
10.
Law
10.1 This Agreement shall be governed by and construed in accordance with United
States of America law and you hereby submit to the non-exclusive
jurisdiction of the judicial system of the
United States of
America.
10.2 We shall in no
way be held liable, legally or otherwise, for the content on your website,
whether designed by us, you, or a third party.
11. Definitions
11.1 “Bandwidth” is defined as any uploading or downloading to or from the
server caused by you, or the presence of your site. This includes, but is not
limited to: Ftp uploads and downloads, Web Site visits by you or any other
visitor to your site and email sent to you or sent by you with your email
accounts.
11.2 “Disk Space” is defined as the amount of space, in bytes, that you are taking up on the server. This includes data that does not necessarily affect your site, such as FrontPage extensions, or data left over from previous versions of the site.
12. Headings
12.1 Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
13. This Agreement
13.1. By performing any transactions on our web site (www.alphanetcs.com), or
with our company, you agree to these terms and conditions, and also agree to
make any and all persons who use our services aware of our terms and conditions.
13.2 We may, without advance notice, amend this Agreement from time to time, and will do so by posting the new Agreement on the Alpha Net Computer Services website in place of the old (http://www.alphanetcs.com/terms.htm). Each and every such amendment shall become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the Alpha Net Computer Services website for updates of this Agreement.
I have read and agree to the terms and conditions above,
____________________________
Your Signature
____________________________
Your Full Name
______________________
Date