AlfaHosts - Policies - Terms and Conditions

Terms and Conditions

This Terms and Conditions ("Agreement") outlined by Alfahosts ("The Company") on using the web hosting service ("Service") is active once you purchase an account with Alfahosts, and its resellers ("Resellers"). The Company has the right to suspend and/or terminate your Service at any time at its solde discretion.

Definitions

"Alfahosts", "Company", "It", "We" or "Alfahosts Network" refer to Alfahosts. "Services" refer to the services/products offered by the company, either in the direct or indirect control of the company.

"Domain Name Registrar" means ScoreRight Services and/or Planet Domain, the domain registrar where we register all domains.

"Reawaken Media," and "Reawaken Media, LLC" refer to our partner Reawaken Media, LLC.

“Registrant” or “Customer” means the customer (you) applying to the Company or, having applied to the Company, to register a domain or domains on behalf of the Customer.

“Website” or “Web site” means a website and all associated files, not limited to the source code, scripts and database information.

Terms of Service

Alfahosts provide Internet Website hosting and related services, and domain registration. We reserves the right to suspend or cancel a Customer’s access to the service to any or all services provided by Alfahosts, if we consider that the account has been used inappropriately or illegally. The Customer MUST be at least 16 years of age. If the Customer is not at least 16 years of age, Alfahosts will escalate the matter to a third-party agency, of which will investigate the matter. If the third-party agency confirms a negative outcome, the matter could result in large fines and/or a criminal record depending on the discretion of our Legal Management Team which will determine the outcome at THEIR OWN discretion.

Disclaimer

The Company will not be responsible for any damages to the Customer's business or for other financial losses resulting from services provided by the Company. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees. The Company's financial liability is restricted to the price paid for the service provided. The Company reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.

Banned Countries

While Alfahosts enjoys a long list of clients, the following countries are not able to purchase Services that are delivered by the Company because of trade restrictions enforced by the United Nations Security Council, trade restrictions made by the Commonwealth of Australia and/or trade embargoes established by the United States of America:

Côte d'Ivoire (Ivory Coast)
Cuba
Democratic Republic of Congo
Democratic People's Republic of Korea (North Korea)
Iran
Iraq
Lebanon
Liberia
Sierra Leone
Somalia
Sudan
Syria
Zimbabwe

Once a trade embargo has been lifted by the United Nations Security Council, the Commonwealth of Australia and/or the United States, then Alfahosts will remove them from the banned countries list.

Server Use

Alfahosts’ accounts are to be used by the primary owner only, with web hosting account holders not permitted to resell or to store the web hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s website.

Exceptions to these terms include ad banners, classified ads, personal ads, images, video, audio and if the Customer’s account is an Reseller account.

Acceptable Use

The Acceptable Use policy defines the actions of which the Company finds to be abusive, and thus, strictly prohibited. The examples are non-exclusive, and are provided solely for advice and guidance to the Customer. If you are unsure about any material, contact Alfahosts' Support Line for clarification.

These are what the company finds to be infringing on this policy:

Illegal Material - includes copyrighted works, commercial audio, video or music files and any material that is in direct violation of any international, national or local law or regulation. Exemptions include material licensed under Creative Commons, GPL or any reconginsed Open Source license, and material that offers an "embeddable" player (i.e. YouTube, DailyMotion, CNET TV, Helix, etc.).
Adult/Pornographic Material - includes any and all pornography, erotic images, or otherwise lewd or obscene content. However, the designation of the term "Adult Material" is left entirely to the discreation of the Alfahosts Network, under guidance of the Legal Management Team. The Company takes any material considered "Adult" or "Pornographic" material seriously, and regards it as the most highly disordered content/material that could be possibly be used.
Warez - includes pirated software, ROMS, emulators, phreaking, password cracking, IP spoofing, and other activities similar. This includes any sites that provides links to or any "how to" information about such material.
Spam & Malware - The Customer’s website must not be used for spamming purposes or to be used as a way to infect a visitor to the Customer’s website, whether it happens directly on the website or at an external site. The website must not also be used to in a Cross-Site Scripting attack, whether the attack happens on the Customer’s website or the attack is caused by the Customer’s website itself. Alfahosts is not liable for any Spam and Malware that occurs from the matter of the client, and hereby does not affiliate itself with any third-party advertising material.
IRC - We do not allow IRC, Egg Drops, BNC or IRC Bots to be operated on the Company's servers.
Proxies - The Company does not allow the use of proxy servers, or anything that can bypass filters implemented by home, school, business or country. This includes any links to proxies, or any guides to bypass filters established at home, school, business or country.
Space/Bandwidth - Your space and bandwidth provided by the Company may only be used to host website material such as template images and content. You may not use the Company's servers to host media files such as, but not limited to, MP3s, AACs, MOVs, AVIs, JPGs, PNGs and GIFS that are copyrighted material (i.e. not in the public domain) or deemed to be infringing copyright, inappropriate or adult material.
Space Reselling - The Customer is prohibited in using their hosting service with the Company in the following, but not limited to, uses: file hosting site, video sharing site, image sharing site, content hosting service or a multimedia hosting site. The Company has the right to choose whether or not it will enact the policy on a site-by-site basis.

Acceptable Use Outcome

If ANY innapropriate Material is found, the user will incur Suspension or Termination of their account, and fines thereby. This policy applies for Illegal Material, Adult Material, Warez Content including Spam and Malware. These terms are subject to change, and Alfahosts is not liable for notifying its customers of its Terms and Conditions changes. These terms are set out by The Company who are permitted to take out/charge fines to any user for violating this policy (s) , and thus The Company will determine the outcome of the violation for ANY of these policies stated in the Acceptable Use Term/Policy. It is at their own discretion to handle these matters/violations.

Unlimited Plans – Alfahosts provides on some plans unlimited space and bandwidth. Please note that your "Unlimited" space may not be used for a file server or backup server. You may not host any digital media eg. music, movies, photos and etc. If you have any of these files your account will be terminated without question and no refunds will be given. Your "Unlimited" bandwidth may be used for site transfer only, it should not be used for a download mirror or a streaming server.

Reawaken Media Policy

As outlined by Reawaken Media, LLC, any part of Reawaken Media's content, design, likeness, branding, logos, images, coding or scripts cannot be hosted on any server, hosted with the Company or an external server. Reawaken Media's content, design, likeness, logos, images, coding or scripts extend to Alfahosts and its sister sites.

All copyright information is outlined under "Legal Information" in our Policies section of the website (Alfahosts.net).

DMCA Policy

Because of our servers are hosted in the United States of America, laws in the United States of America are applicable to the Company, along with laws within the Commonwealth of Australia - where the Company is located. As a result, the company must comply with any and all acts of takedown notices under the Digital Millennium Copyright Act (DMCA). The Customer can contest the takedown, unless the infringment notice was issued by a motion picture studio, record label or any professional service. Your account will be terminated in the event of receiving a DMCA notice, and no notice of contest within 24 hours of the notice. If the account has been terminated, a fee of US$3.00 (per account) must be paid to have the account restored.

High Resource User Policy

Resources are defined as bandwidth and/or processor utilisation. Alfahosts may implement the following policy at its sole discretion: When a web site is found to be monopolising the resources available, the Company reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Indemnification

The Customer is responsible for keeping his billing data with the Company's up-to-date and accurate. Furnishing incomplete information will result in an e-mailed request to complete it, and failure to comply with the request will result in account suspension until completion. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Billing Data

Payments

The customer is responsible for paying all his invoices and charges in relation to service rendered. The Company will normally bill the Customer 15 days prior to renewal. Failure to settle accounts will mean account suspension, and a reactivation administration charge may be made which if not paid, will again result in account suspension. Any account which remains unpaid will be terminated within 14 days of the final notice being e-mailed to the customer, and no further notice of termination will be sent. Loss of Customer's data will occur on termination, for which the Company is not liable. The Company reserves the right to offset invoice bill before the due date, a $3 USD late payment fee will be charged with no exception. Alfahosts is not responsible for your email client/service and has the right to charge the client $3 USD, 2 days after the invoice due date. You should use your email client at your own risk/discretion, thereby Alfahosts reserves the right to not hold liability over your email service provider for not observing/checking your own emails sent out by Alfahosts. Alfahosts' server (s) MAY in some circumstances malfunction in sending out invoices, therefore Alfahosts has the right to charge a client for their unpaid invoices after their invoice date without notice. You are obliged to pay without exception to the discretion of the Alfahosts Legal and Customer Affairs Team.

You also agree to these terms when making a payment:

Alfahosts may charge the following fees where applicable. All such fees are subject to change with or without notice.
Alfahosts may charge a setup fee where applicable on any product. These fees are subject to change and without notice.
Alfahosts may charge a Service Fee when applicable. These fees may be charged for fixing/assessing a technical problem with your account, technical support time outside of our normal support hours/normal support terms.
Alfahosts will notify you by e-mail/phone if any outstanding fees are due. You will be given a grace period of 4 days to pay any fee(s) before your account is suspended.
Alfahosts accepts payments made by PayPal, Credit Card Visa/Mastercard (through PayPal or PayMate), Australian Bank Transfer and/or Australian Cheque/Money Order.
To pay with money order, you must first get approval by a Alfahosts Officer. Alfahosts may refuse any money order payment if customer has not been approved. Money Orders must first be cleared by Alfahosts for account creation/modification. Alfahosts will only accept payments via money orders for orders requesting account creation and recurring monthly bills. A customer wishing to pay a recurring monthly bill will have a grace period of 7 days after payment due date for the money order to arrive in our office. Money orders will not be accepted for any other applicable fees unless approved by a Alfahosts officer.
Alfahosts may charge a domain transfer fee when having a domain pushed to another DirectI (or other if applicable) reseller. The fee is $9.95 USD.

Security

Customers may not use the Company's services as to attempt to circumvent user authentication or security of any host, network, or account. 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 authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. Mail bombing, or other deliberate attempts to overload or crash a host or network. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.

The Company has zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with the Company, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials. Infringements of this policy can result in any one of the following: A warning from the Company, via e-mail or phone; Removal of DNS for the advertised / originating site; Temporary shutdown of the server or a block on outgoing mail; Permanent disconnection of service.

Infringements of this policy include, but are not limited to: Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists; Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested this mail; and, forging of message headers to mask the originator of the message.

You will be held responsible for the actions of your clients in this matter, so it would be best for you to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.'

Harassment, whether through language, frequency, or size of messages, is prohibited.

Termination

The Company reserves the right to withdraw services at any time. If termination is caused by the Customer's violation of these terms, then services paid for in advance shall be refunded only at the absolute discretion of the company. In the event of Customers having paid in advance, the calculation of any refund is subject to a base calculation of the fee paid, less the monthly charge rate in place when service commenced multiplied by the number of months the Customer has received service, rounded up to the next whole month. If any refunds are due these will be made by company within 30 days of receipt of cancellation. Set-up fees, domain registration fees or IP Address fees are not refundable. If the user does not pay the balance overdue within 2 days from the invoice due date, Alfahosts will reserve the right to charge fines at $3 USD per overdue invoice with no exception. It is at your own risk for confirming your own emails that you may receive from Alfahosts at any time. Alfahosts does not hold any liability to observe your emails, and thereby will not condemn any misunderstandings. The user is completely responsible for checking his/her emails from Alfahosts. Your account can be restored after being terminated within a period of 30 days of the termination period. A fee of $20 USD is payable to have the account restored onto the server or a fee of $15 USD is payable to have a backup hosted for a period of 24 hours.

Suspension

Alfahosts reserves the right to suspend any account associated with Alfahosts at any given time without warning. Just information will be sent to the account owner explaining why Alfahosts may have suspended the account. Upon receiving notice, the account holder will have a grace period of 3 days to fix any breach to either the Acceptable Use Policy or Terms of Service agreements. If the breach is not corrected within 5 days, the suspended account will be terminated with or without notice. All files associated with the account will be terminated without backup. Service charges will still continue on the account as if the account was never suspended, it is your responsibility to cancel your account after suspension/termination. Recurring charges will be charged, and failure to comply with requested payments may result in legal action against you and/or your party.

Termination shall include the permanent removal of any and all of your information from the Alfahosts servers. Such data may not be made available to you after such termination. You may not take legal action against Alfahosts for losing/deleting any personal and confidential information upon and after termination.

After suspension/termination, Alfahosts will not provide any refund of any kind for day(s) your account has been suspended/terminated. Only upon approval by a Alfahosts Officer will a refund be issued.

Cancellation

30 days' notice is required for account cancellations by the Customer. This period may be shortened by mutual written agreement between the Customer and the Company. If the customer fails to notify AlfaHosts of the cancellation, the customer MUST pay all outstanding invoices before the service will be cancelled and may be subject to extra fees.

Fines

Fines are situated in the Alfahosts' Terms and Conditions and may be outlined in parts. Fines consist of a late payment fine which incurs $3 USD if the user does not subsequentually pay their overdue balance 2 days after the date of the invoice due date, and secondly the fine of Innapropriate Material and/or Terms of Use/if the user is under the age of 16, will essentially incur in a fee. If you have any more questions on fines, please contact an Alfahosts Customer Representative or call the Alfahosts Hotline.

Refund Policy

All payments paid to AlfaHosts are non-refundable except when packages offer a "15 Day Money Back Guarantee". On certain occasions, Alfahosts may refund a payment made on accident/wrong payment. Only with approval by a Alfahosts officer may you receive a refund or partial refund. You may be subject to a service fee of $5 USD while Alfahosts processes your claim.

Free Domains Offer

All domains offered free by AlfaHosts will remain the property of AlfaHosts until it is renewed. These domains are non-transferable before the renew date. AlfaHosts may revoke the free domains offer at any time or deny your ability to order one.

Other Agreements

Along with the Terms and Conditions, the Customer, once purchasing the Service from the Company, also agrees with the Contract Terms Agreement, The Domain Name Registration Policy, the Acceptable Use Policy, and any other new policies that the Company wishes to add to this binding agreement between The Company and The Customer.

All of these agreements can be found on the Policies page on the Company's website (Alfahosts.net).

Company Disclosure and Agreement Statement

These terms and conditions constitute the entire agreement, along with the mentioned additional agreements that are agreed to by the Customer, between the Company, the Registrant and the Customer. The Company reserves the right to update these Terms and Conditions, and/or implement new policies, at any time and without notification. For this reason, the Company advises that you review the Terms and Conditions, along with the mentioned additional agreements, from time to time. These can be found under the Policies page on the Alfahosts website (Alfahosts.net).

These terms and conditions do not affet your statutory right as a consumer.

These terms and conditions may change without notice to customers or potential customers, it is up to you to check this page.