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Terms of Use


WHEREAS, AlternativeHosts Web Hosting is an information provider connected to the Internet AlternativeHosts Web Hosting offers storage and transfer services over the Internet throughaccess to its Web Server;

WHEREAS,Customer seeks to utilize AlternativeHosts Web Hosting's server for its ownpurposes;

WHEREAS,the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, AlternativeHosts Web Hosting can make no guarantee that any given reader shall be able to access AlternativeHosts Web Hosting's server at any given time.

AlternativeHosts Web Hosting represents that it shall make every good faith effort to ensurethat its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, theparties agree as follows;

FINANCIAL ARRANGEMENTS
Customeragrees to a thirty (30) day contract minimum (or three (3) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.

At the endof the contract term, the contract will automatically renew for successivethirty (30) day periods (or three (3) or six (6) or twelve (12) month periods,depending on length of pre-payment) indefinitely until cancelled in writing or via the web panel. Hosting and fees are non-refundable. Domain registrations (including the value of anyused free domain registrations included with the plan) are not refundable underany circumstances. See domain registration agreement for more information.

Violations of AlternativeHosts's Terms of Service or Spam Policy may, at AlternativeHosts's discretion, result in immediate and permanent disablement without refund. Disputedcharges ("chargebacks") associated with any AlternativeHosts account may, at AlternativeHosts's discretion, result in immediate and permanent disablement.

TAXES
AlternativeHosts Web Hosting shall not be liable for any taxes or other fees to be paid inaccordance with or related to purchases made from Customer or AlternativeHosts Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS
Customerwill provide AlternativeHosts Web Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of AlternativeHosts Web Hosting. AlternativeHosts WebHosting shall make no effort to validate this information for content, correctness or usability.

Use of AlternativeHosts Web Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The following examples are offered:

Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.

The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of AlternativeHosts Web Hosting to provide this knowledge or Customer Support outside of the defined service of AlternativeHosts Web Hosting.

AlternativeHosts Web Hosting will exercise no control whatsoever over the content of the information passing through the network.

The customer agrees to make use of AlternativeHosts Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.. AlternativeHosts Web Hosting servers are not intended as a data backup or archiving service. AlternativeHosts Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion.

Servers areshared with other customers and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing themto not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients,proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any AlternativeHosts Web Hosting server. If your processes are adversely affecting server performance disproportionately AlternativeHosts Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.

Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, andso-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.

The Customer agrees to hold only one (1) active web hosting service plan at any given time with AlternativeHosts Web Hosting. Signing up for multiple plans isgrounds for termination of all plans, including the first one, without warning.

AlternativeHosts Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. AlternativeHosts Web Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries orservice interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of AlternativeHosts Web Hosting is at the Customer's own risk, and AlternativeHosts Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. AlternativeHosts WebHosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

AlternativeHosts Web Hosting specifically denies any responsibilities for any damages arising asa consequence of such unavailability. In the event that this material is not"Server-ready", AlternativeHosts Web Hosting may, at its option and atany time, reject this material, including but not limited to after it has been put on AlternativeHosts Web Hosting's Server. AlternativeHosts Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of AlternativeHosts Web Hosting. If the Customer fails tomodify the material, as directed by AlternativeHosts Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

All domain names registered through AlternativeHosts, that are 'parked' or are otherwise not immediately associated with a AlternativeHosts hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via AlternativeHosts.com.The Coming Soon web page may be modified at any time by AlternativeHosts without prior notice to you and may include such things as, without limitation, links to additional products and services offered by AlternativeHosts.

TRADEMARKS & COPYRIGHTS
Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access AlternativeHosts WebHosting. AlternativeHosts Web Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the AlternativeHosts Web Hosting service.

AGE
TheCustomer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting.Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of AlternativeHosts Web Hosting may not beused to impersonate another person or misrepresent authorization to act on behalf of others or AlternativeHosts Web Hosting. All messages transmitted via AlternativeHosts Web Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.

Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either AlternativeHosts or external computers and Denial Of Service attacks of any kind.

For more information on acceptable practices for bulk email, the use of copyrighted materials, trademarks, and more, please see This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

TERMINATION
This contract may be terminated by either party, without cause, by giving the otherparty 14 days written notice. AlternativeHosts Web Hosting will accept termination by electronic mail. Notwithstanding the above, AlternativeHosts WebHosting may terminate service under this contract at any time, without penalty,if the Customer fails to comply with the terms of this contract, including non-payment. AlternativeHosts Web Hosting reserves the right to charge are instatement fee.

LIMITEDLIABILITY
Customer expressly agrees that use of AlternativeHosts Web Hosting's Server is at Customer's sole risk. Neither AlternativeHosts Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that AlternativeHosts Web Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained inor provided through the AlternativeHosts Web Hosting Server service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall AlternativeHosts Web Hosting, its offices, agents or any one else involved in creating, producing or distributing AlternativeHosts Web Hosting's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the AlternativeHosts Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to AlternativeHosts Web Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on AlternativeHosts Web Hosting's Server service.
Not withstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE
Customermay only use AlternativeHosts Web Hosting's Server for lawful purpose.Transmission of any material in violation of any Country, Federal, State orLocal regulation is prohibited. To this effect, child pornography and all other illegal pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on AlternativeHosts Web Hosting's Server.

Customer agrees to not have any content on their site that advocates, sells or in anyway makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use AlternativeHosts Web Hosting's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at AlternativeHosts. Any complaint we receive about a violation of this or the preceding two points will be takenvery seriously and will result in immediate account cancellation without arefund.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold AlternativeHosts WebHosting harmless from any and all demands, liabilities, losses, costs andclaims, including reasonable attorneys' fees, ("Liabilities") asserted against AlternativeHosts Web Hosting, its agents, its customers,servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AlternativeHosts Web Hosting against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with AlternativeHosts Web Hosting's Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on AlternativeHosts Web Hosting Server.

CONTRACT REVISIONS
Revisions to this Contract will be applicable to previous Contracts

Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

TRANSFER
Customer may not transfer this contract without the written consent of AlternativeHosts Web Hosting.

CONTRACT
These Terms and Conditions constitute the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.