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All
services provided by Alefhost.com are offered under the
conditions of the AUP (Acceptable Use Policies) as
listed below:
Acceptable Use Policy (AUP)
NO Spamming! NO Exceptions!
This document is intended
to provide a basic agreement between our Web Hosting
customers and Alefhost.com. Use of our services implies
that our customers have read these policies, and agree
to follow them.
Alefhost.com (and affiliate domains), understand that
our customers need professional and reliable web hosting
services, and it is therefore important that no
customers conduct business on the web, which would
negatively impact the service we provide to the
remainder of our customers. Please review the following
AUP:
All policies stated below
have been formulated within the following reasoning:
-
Ensure reliable service to our customers.
-
Ensure security and privacy of our systems and
network, as well as the networks and systems of
others.
-
Comply with existing laws.
-
Maintain our reputation as a responsible service
provider.
-
Encourage responsible use of the Internet and
discourage activities which reduce the usability and
value of Internet services.
-
Preserve the privacy and security of individual
users.
-
Alefhost.com intends to provide its customers with a
full spectrum of web-based services.
-
While Alefhost.com is
firmly committed to the principles of free speech,
certain activities that may be damaging to the
resources of both Alefhost.com and the Internet and
cannot be permitted under the guise of free speech.
Such limitations include incitement to racism or
violence and illegal activities. In no way does
Alefhost.com accept responsibility for any content
hosted on our servers, and we do not monitor content
whatsoever.
We support the flow of
information and ideas over the Internet and do not
actively monitor subscriber activity under normal
circumstances. However, in accordance with our TOS
(Terms of Service), we may remove any materials that, in
our sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. Alefhost.com
may cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of this AUP
may result in the suspension or immediate termination of
either your Alefhost.com account WITHOUT PRIOR NOTICE.
The resources of
Alefhost.com and the Internet are limited, and abuse of
these resources by one user has a negative impact on the
entire community.
Alefhost agrees to
provide services according to the purchased Windows or
Linux package (see section 8 below). In case of our
non-ability to meet these services/commitments to our
customer, we will indemnify the web hosting costs to our
customers, but we will not be liable to
business/financial loss of the customer as a result of
outages in provided web hosting services. (see section
8 below).
TERMS OF SERVICE AND ACCEPTABLE USE POLICY
These Terms Of Service
And Acceptable Use Policies ("Terms and Policies") are
an essential part of your relationship with Alefhost.com.
By using your Alefhost.com account, you agree to all of
the Terms and Policies set out in this document.
1. General
Terms and Policies.
Alefhost.com is a private company providing website
hosting and e-mail services. Alefhost.com's equipment
and facilities may be used to conduct private and
commercial transactions, send electronic mail, transfer
files, and otherwise participate in all legal aspects of
the Internet (these uses are referred to in this
document as "the Service"), subject to these Terms and
Policies.
The Service is provided to authorized persons or
organizations (referred to in this document as
"Subscriber" or "you"). Any use of the service is
subject to any restrictions listed below. By using the
Service, you agree to be bound by all of theses Terms
and Policies. If you do not agree to be bound by these
Terms and Policies, you must cancel your account
immediately and may not thereafter use or attempt to use
the Service.
Alefhost.com grants you a non-exclusive right to access,
use and display the Service on any computers or other
electronic display devices of which you are a primary
user. You may not assign, sub-license or transfer any
rights or obligations of the Service without the express
written consent of Alefhost.com
2.
Coverage. If you are an
individual Subscriber, these Terms and Policies apply to
all persons who gain access through your account. If you
are a commercial Subscriber, these Terms and Policies
apply to all your employees, agents and/or customers. In
either instance, a violation of these Terms and Policies
by anyone using your account will be treated as a
violation by you.
3. Prices
and Charges. Alefhost.com
charges for the Service are set at the time the service
is ordered. Alefhost.com will provide notice to the
Subscriber, via e-mail, 60 days prior to any changes in
pricing.
Unsolicited Bulk E-mail ("spam") cleanup: $300 + $2 per
message sent + $50 per complaint received by
Alefhost.com.
Any unauthorized installation of IRC software, or other
"non-acceptable" applications, will cause the customer
to owe $200, to Alefhost.com.
Any checks returned by
the issuing institution will be charged a processing fee
of $25.
If you fail to pay for your account for 10 days after
the date of the invoice, Alefhost.com may without
further notice terminate your account. Termination does
not remove your responsibility to pay all fees incurred
up to the date that Alefhost.com terminates your
account. If Alefhost.com incurs any fees or costs in
collecting any past-due amounts, including costs of
attorneys or a collection bureau, those fees and costs
will be added to the amount you owe.
4. Term.
The Service is provided to you on a month-to-month
basis. Alefhost.com must receive written notice of
termination (which may be by first-class mail or fax)
from you at least one business day prior to end of a
month, or the Service will be provided and charged to
you for the following month. The notice of termination
must be signed by the Subscriber; notice of termination
by e-mail is acceptable only if you have received a
reply that we have received the said email.
5. Grounds
for Suspension and Termination.
As an Alefhost.com Subscriber, you agree to comply with
these Terms and Policies. Any violation of either these
Terms and Policies may serve as cause for Alefhost.com
to suspend or terminate your account. You agree that
Alefhost.com has the right, with or without notice, to
suspend or terminate your account upon the first or
subsequent occurrence of any of the following:
a. Using the Service in a way which
constitutes violation of any copyright, trademark,
applicable statute, law, court order, tariff,
regulation, or treaty (including, but not limited to,
intellectual property, communications, privacy, criminal
and international law);
b. Using the Service in a manner
intended to abuse or violate the privacy or property
rights of others, including but not limited to sending
of unsolicited bulk e-mail ("spamming"); this ground for
suspension or termination is separate from and in
addition to the fees which will result from such
activity;
c. Using the service to store,
transfer, or advertise the following: violations of
privacy, computer viruses, hacking, "warez", and any
harassing and/or harmful material or uses. Photos or
videos showing graphic violence or death. Let us know
if you are unsure of the approval of your site before
placing an order. Accounts violating this policy will be
suspended at once and deleted from our servers.
d. Using the Service in an attempt to
break security, or so as to actually break security of
any computer network (including the Service itself), or
to access an account, message, or file which does not
belong to you;
e. Using the Service in such a way as
to forge or misrepresent headers, addresses, or other
identification in website pages or electronic mail, or
using any other method to disguise the sender's identity
or location;
f. Excess utilization of system or
network resources, including, but not limited to the use
of CGI scripts or programs which consume an unreasonable
amount of Central Processing Unit ("CPU") usage or
Random Access Memory "RAM");
g. Posting commercial messages to a
USENET group for the purposes of promoting your website,
where the posting is not approved by the specific USENET
group in its charter;
h. Using the Service to promote or solicit competing
Internet services;
i. Using the Service for unauthorized
relays through any third party systems;
j. Using the Service for mail-bombing, which includes
any instance where multiple messages are sent to a
specific destination with the intent to render the
recipient and/or the electronic system serving that
recipient dysfunctional;
k. Using the Service to add or attempt
to add addresses to any mailing list (yours or a third
party's) without the explicit positive consent of the
addressee(s);
l. A significant number of complaints
regarding Subscriber's failure to be reasonably
accessible to Subscriber's customers or to fill orders
in a timely manner;
m. Engaging in harassment, whether
through language, frequency, or size of e-mail messages;
n. Using the Service to engage in flood
attacks, which are defined as overburdening a recipient
computer system by sending a high volume of spurious
data which effective impedes or totally disables
functionality of the recipient system(s), or any other
methods of denial-of-service attacks; or,
o. Furnishing false data on your
sign-up form, contract, or online application, including
providing fraudulent credit card or other payment
information.
No bill credit will be given for a period of suspension.
In the event of termination of your use of the Service
under this section, Alefhost.com may at its sole
discretion retain any or all amounts you have paid for
use of the Service as liquidated damages for your
actions.
6.
Security. You agree not
to access or attempt to access private areas of the
Service. You agree to notify Alefhost.com as soon as you
become aware of an unauthorized use of your account
and/or any breach or attempted breach of security on the
Service.
7.
Liability. You agree that
use of the Service is at your own risk. Except for
information, products, or services clearly identified as
being supplied by Alefhost.com, neither Alefhost.com nor
any of its affiliates controls, provides, operates, or
is in any way responsible for any information, products,
or services accessible through the Service. Alefhost.com
neither endorses nor is responsible for the accuracy of
third-party material/s, and you agree that Alefhost.com
is not responsible for any loss or damage caused by your
use of, or reliance on, such material(s).
You agree to be liable
for any damages or loss of service which results in
damages to Alefhost.com as a result of any spamming or
other violations of Section 5 above. These damages
include, but are not limited to, system shut downs,
retaliatory attacks or data flooding, and loss of
peering arrangements. You agree that Alefhost.com may
pursue any such claims against you in District Court in
Fort Lauderdale, Florida.
You agree that in no event will Alefhost.com have
financial liability to you in excess of the dollar
amount remaining on your current service period.
8.
Warranty. Alefhost.com
MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL
AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU
MAY HAVE TOLD Alefhost.com ABOUT YOUR INTENDED USE OF
THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY
Alefhost.com OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR
OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY
SOFTWARE PROVIDED TO YOU BY Alefhost.com ARE PROVIDED ON
AN "AS IS, AS AVAILABLE" BASIS; Alefhost.com DOES NOT
WARRANT THAT THEY WILL BE ERROR-FREE AND/OR
UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
Alefhost.com DOES NOT GUARANTEE THE SECURITY OR BACK-UP
OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
Alefhost.com
provides a 99.95% uptime guarantee, subject to the
following conditions. If the Service is unreachable for
more than 0.05% of the year as a result of a failure of
our network or equipment we will credit your account for
a month of free hosting. This guarantee is your sole and
exclusive remedy for any and all downtime. Alefhost.com
is not responsible for outages elsewhere on the Internet
that hinder access to your account; we control only our
links to the Internet, our network hardware, and our
servers. Any downtime that occurs during a scheduled
maintenance window shall not be counted towards Uptime
Guarantee.
VPS and Reseller plans do not apply to this guarantee.
9. Privacy.
Alefhost.com commits to follow the controlling United
States Federal and state laws respecting Subscriber
privacy and data access. Alefhost.com will not provide
names, addresses, telephone numbers, e-mail addresses,
or other personally identifiable information on any
Subscriber to any third party without prior permission
from that Subscriber, or as required under an
appropriate court or administrative directive, including
a facially valid subpoena, or as necessary to render the
Service. Alefhost.com may provide aggregate data on
Subscribers to third parties in the operation of
Alefhost.com's business.
10.
Disputes. You agree that
any dispute between you and Alefhost.com arising out of
your use of the Service on in any way based upon your
subscription to and/or use of the Service which cannot
be resolved between you and Alefhost.com will be
submitted by the aggrieved party for binding arbitration
under the auspices of the American Arbitration
Association, or mutually agreed upon third party. Any
demand for arbitration under this Section must be filed
with the mutually agreed upon Arbitration Association's
office. The arbitrator must be a person with experience
in online services operation.
11.
Governing Law. These
Terms and Policies are governed in all respects under
United States Federal Law.
12.
Amendments. These Terms
and Policies may be amended in any respect at any time
by Alefhost.com upon the posting of the amended Terms
and Policies on the Support section of the Service. Your
continued use of the Service will be deemed consent to
any such amended Terms and Policies. If you do not wish
to continue to use the Service as a result of any such
amended Terms and Policies, you may provide notice of
your wish to terminate your use of the Service to
customer service, and any unused portion of fees you
have paid for the Service will be returned to you within
30 days.
NO Spamming! No
Exceptions!
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