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Hosting Terms and Conditions
Hosting
Terms and Conditions
Hosting services on AltGlobe is another service that AltGlobe provides to its
Alternative community. The hosting is
taking place on a dedicated server that AltGlobe hired from www.hostican.com, a reputable hosting
company located
AltGlobe is a legal representative of Orighinami LLC, based in 523 Athol Ave, Oakland California, 94606, Tel - 323 445 9942.
All communications of AltGlobe
customers will be directed to the AltGlobe Hosting team and never to the
Hostican Company. This policy represents the AltGlobe Terms of Service ("T&C")
in its entirety and supersedes any other written or oral policy. This policy
defines the terms of service all customers agree to when they sign-up for
hosting services with AltGlobe. AltGlobe reserves the exclusive right to
revise, change or amend any portion of this Policy at any time, without advance
notice to customers.
Customers using any services offered by
AltGlobe consent to be bound by and must comply with all policies in this T&C.
At the sole discretion of AltGlobe any violators of this T&C may have their
services canceled without refund and/or, if deemed appropriate, be legally
prosecuted.
General Provisions
In consideration for AltGlobe maintaining one or more accounts (each
"Account"), you agree to the following terms of service.
Definitions
"We" "Us"
or "Provider" or "AltGlobe.
"You"
"Your" "Client" "Customer" or "Member"
- Each person or entity who applies for internet service or is a designate of
any one who applies for internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of
information, thus the Service may not be available to you at all times.
However, AltGlobe offers a 99.9% uptime guarantee. This is valid for only the
connection. AltGlobe will pursue all resources and channels available to
maintain maximum up time; however, AltGlobe is not responsible for any down time
caused by client's error.
AltGlobe MAKES NO EXPRESS OR IMPLIED
WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES
IT PROVIDES. Neither AltGlobe nor any one else involved in the provision of
Service is liable to you or any third-party for direct or indirect damages
resulting from the use, non-use of services provided herein, whether or not
such damages resulted from the negligence of AltGlobe, even if AltGlobe has
been advised to the possibility of such damages.
Limitation of
Liability
IN NO EVENT SHALL ALTGLOBE BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO
CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE
CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR
INABILITY TO USE ALTGLOBE'S SERVICES (INCLUDING, BUT NOT LIMITED TO,
INOPERABILITY OF ALTGLOBE'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ALTGLOBE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL ALTGLOBE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO
ALTGLOBE FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO
THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALTGLOBE'S LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend
and hold ALTGLOBE and its affiliates, directors, officers, employees and
agents harmless from and against any liabilities, losses, damages or
costs, including reasonable attorneys' fees, resulting from any third-party
claim, action, dispute or demand related to your use of the Services, your
violation of any of the provisions of this Agreement or from your
placement or transmission of any materials or content onto AltGlobe’s
servers. Such liabilities may include, but are not limited to,
those arising from the following: (a) with respect to your business,
(i) infringement or misappropriation of any intellectual property
rights; (ii) defamation, libel, slander, obscenity, pornography, or
violation of the rights of privacy or publicity; or (iii) spamming, or any
other offensive, harassing or illegal conduct or violation of the acceptable
uses described herein or anti-spam policy; (b) any damage or destruction
to AltGlobe’s equipment or to any other accountholder, which damage is
caused by or otherwise results from acts or omissions by you, your
representative(s) or your designees; (c) any personal injury or property
damage arising out of your activities related to the Services, unless
such injury or property damage is caused solely by AltGlobe’s gross
negligence or willful misconduct; and (d) any other damage arising from
your equipment or your business.
Services Provided by
AltGlobe
AltGlobe will provide Internet server rental ("the Service") to its
members for the express purpose of allowing customers to provide http Internet
content to the general public. The Service allows AltGlobe members to maintain
Internet websites, receive and maintain e-mail accounts and access web space
via FTP to upload files for their websites. AltGlobe members will use the
provided services in a manner consistent with any and all applicable laws.
AltGlobe provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to
provide such Services. If any of the below activities are committed, AltGlobe
can terminate client's account without notification.
a) Client
Content: Client agrees that web
pages and files uploaded to servers will not violate any state, national or
foreign laws or regulations; infringe on any intellectual property rights of
AltGlobe or any third party; be defamatory, slanderous or trade libelous; be
threatening or harassing; be discriminatory based on gender, race, age, religion; promote
hate; or contain viruses or other computer programming defects which result in
damage to AltGlobe or any third party. Customers may not run IRC, bots or
clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited
e-mailings, newsgroup spamming, child porn, hardcore porn or links to such
sites, copyrighted MP3, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers. AltGlobe will be the sole
and final arbiter as to what constitutes a violation of this policy. AltGlobe
does not normally monitor the contents of clients servers, however if suspicion
occurs, AltGlobe reserves the right to investigate and terminate the clients
subscription to the service.
b) Bandwidth
Usage: AltGlobe offers a generous
amount of data transfer per month. Bandwidth is calculated on a recurring 30
days. Sites that use over the given limit in 30 days will automatically be suspended.
There is a daily transfer cap of total bandwidth divided by the number of days
in the current month. If you exceed your bandwidth limit for any given month,
your account will be suspended until you upgrade or pay additional service fee
of $3.50 per GB, warning e-mail's are sent out before your account
reaches the maximum.
c) Excessive
Resource User Policy: Resources
are defined as bandwidth, memory and/or processor utilization. A website is
considered using "Excessive amounts of resources" when it monopolies
the resources available using 10% or more of system resources for longer than
60 seconds. There are numerous problems that could cause such problems, this
includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes
over the account limit of bandwidth is also considered "excessive
resources". This policy is only implemented in extreme circumstances and
is intended to prevent the misuse of our servers. The client whom is using
"excessive resources" will be asked to upgrade his/her package to a
dedicated server package offered by hostican.com. AltGlobe will be the sole and
final arbiter as to what constitutes a violation of this policy.
d) No
"Spam": UCE/UBE or
"Spam" originating from a server located on our network or associated
with an AltGlobe server is not tolerated. This includes any e-mail that
promotes web sites hosted on a server located on the AltGlobe network but is
sent from an e-mail address not associated with that AltGlobe account. Client
shall not use their AltGlobe services for chain letters, junk mail, bulk-email,
or any use of distribution lists to any person who has not given specific
permission to be included in such a process. AltGlobe reserves the right to
deactivate or terminate any account(s) upon any indication of such activity
without notice. There will be a $200 clean up fee if an account was suspended
for policy violation.
e) Licensed
Software Only: Client agrees to
use only properly licensed third party software in connection with Client's use
of the Services.
f) Back-Up
Files: AltGlobe provides the
tools needed to create back ups of account data. It is the responsibility of
the customer to keep up-to-date archives of their backed up data. AltGlobe
currently does not utilize any back-up services and is not responsible for any
lost data.
Payment, Renewal,
Cancellations
a)
Payment Obligations: Full payment
is required in advance before hosting service is established. AltGlobe sends
out invoices that are due every pay period. You are given fifteen (15) days to
fully pay the invoice. You warrant and represent that the information you
supply in the Order Form (or other information that AltGlobe may require) is
accurate and truthful. All payment-due notices will be sent by e-mail. No bills
or invoices will be sent by postal mail or fax. If payment was not received by
the due-date, your account will be suspended. To have your account
re-established, you will need to pay the monthly fees, plus any interest that
may have accumulated at the rate of 12.35% per year. There is a $35 fee for
bounced checks and a $45 processing fee for chargebacks.
b) Renewals: Your account will be automatically renewed under the
same time and fee structure unless you give written notice to AltGlobe thirty
(30) days before the renewal date that you do not wish to renew or make changes
to such account.
c)
Cancellation & Refunds:
Should you become unsatisfied with our services within the first 30 days of
your account activation, AltGlobe will refund your hosting fee subject to the
money back guarantee terms listed in this agreement. Refunds are not available
for pre-paid accounts and after the 30 days of account activation. You may
however cancel your account at any time. You will need to contact customer
service and verify information before cancellation takes place. You will be
charged in full for the entire month in which you cancelled your account.
Accounts which have negative balances will be collections and all services will
be terminated.
99.9% Service Level
Agreement "
AltGlobe offers its clients a 99.9% network uptime guarantee for customer
satisfaction purposes and also to ensure that your business is running problem
free. AltGlobe will try to maintain maximum uptime. AltGlobe is not responsible
for any downtime caused by the client.
30-Day Money Back
Guarantee
AltGlobe offers an unconditional 30-day money back guarantee that covers
cancellations of an web hosting account made during the first 30 days of
service, due to the inability to deliver satisfactory services. As a part of
our strive to achieve industry leading customer satisfaction, the customer will
be refunded all hosting charges made to their credit card minus any setup fees
which are non-refundable. The guarantee does not apply to accounts with
non-use, misuse, and/or abuse of this agreement.
Any questions regarding the 30-day money back guarantee should be forwarded to sales@AltGlobe.com.
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I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Keep it safe, fun and sustainable. The Hosting Team on AltGlobe
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