TERMS AND CONDITIONS OF USE

As a provider of web site hosting and other Internet-related services AlterHosting has certain legal and ethical responsibilities concerning the use of its server and equipment involved in these services.

These terms and conditions of use are not exhaustive and AlterHosting reserves the right to modify these terms at any time, effective upon posting of the modified terms and conditions of use to www.AlterHosting.com. By registering for and using the services, and thereby accepting the terms and conditions of the Hosting Agreement, you agree to abide by these terms and conditions of use as modified from time to time. Any violation of these terms may result in the suspension or termination of your account or such other action as AlterHosting deems appropriate which is described further in the Hosting Agreement.

The Services enable you to develop and display a Web site through which you can interact with users of the Internet and retrieve and send vast amounts of information.

When obtaining information through the Internet, it must be kept in mind that AlterHosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, you must exercise your best judgment in relying on information obtained from the Internet.

When disseminating information through the Internet, it also must be kept in mind that AlterHosting does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over AlterHosting’s network and may reach a large number of people, including both subscribers and no subscribers of AlterHosting, subscribers’ postings to the Internet may affect other subscribers and may harm AlterHosting’s goodwill, business reputation, and operations. For these reasons, subscribers violate AlterHosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Unsolicited Email (Spam)

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. The fine is determined individually in each case, regarding the severity of the abuse.

Infringement

Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Defamatory or Abusive Language

Using AlterHosting’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Export Violations

Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.

Harmful

Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct

Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity.

Other Illegal Activities

Activities that are determined to be illegal also include (but are NOT limited to) advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, warez, sexually explicit materials, fraudulently charging credit cards, pirating software etc. Engaging in activities, whether lawful or unlawful, that AlterHosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations is also not allowed.

Generally, AlterHosting will not actively monitor, censor, or directly control any content that is or will be displayed on your Web site(s) or information that you collect or use through your Web site(s). AlterHosting, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of AlterHosting as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, AlterHosting expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.

VIOLATION OF ANY OF THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ALTERHOSTING ACCORDING TO THE HOSTING AGREEMENT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES.

Traffic Guidelines

Each account comes with certain amount of free traffic per month. Additional transfer fees are $2 per gigabyte for each gigabyte over the mentioned amount in the package. With PROMOTION Hosting Package all clients are allowed to use as much bandwidth as needed per month as long as it is not hindering the performance of other users on the server and as long as it does not overload system resources. We view bandwidth daily; if we see a pattern of high bandwidth forming we will either contact you via e-mail or call. We reserve the right to disable a site that is flat out violating bandwidth usage.

Domain Registration

Domain registration is non-refundable as once we register it we can’t take the domain name back. Make sure you spell the domain correctly on the sign up form, if you detect an error contact us immediately. Free domain name is registered with hosting plans starting with Value on the basis of the monthly contract. It means that the first payment is not refundable.

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the AlterHosting Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.

IP Address Ownership

AlterHosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by AlterHosting and AlterHosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Payment Policies

All accounts are set up on a pre-pay basis within 1 business day upon receipt of full payment. All pricing is guaranteed for the term of the account operating. Cancellations must be made in advance, failure to notify us before the 2-day limit set on renewals will result in the following month not being refunded. The customer is responsible for all money owed on the account from the time it was established to the time it is terminated. For terminations of accounts you must complete a form at My AlterHosting. A faxed memo is also accepted in most cases and should have all the account information on it before it is considered cancelled.

Refusal of Service

AlterHosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by AlterHosting if AlterHosting institutes its right of cancellation. If cancellation is caused by customer’s violation of these policies, then no refund will be disbursed. Customers can cancel service any time and be refunded any amount exceeding the pre-payment of the current month.

Indentification

Customer agrees that it shall defend, indemnify, save and hold AlterHosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against AlterHosting, its agents, its customers, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AlterHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AlterHosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Disclaimer

ALTERHOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ALTERHOSTING MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ALTERHOSTING DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY AlterHosting AND ITS EMPLOYEES. ALTERHOSTING RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

By signing up for a hosting account with AlterHosting the Client agrees to be automatically subscribed to AlterHosting Newsletters. If the Client would like to be removed from the AlterHosting newsletter list, it’s necessary to e-mail us at newsletter@alterhosting.com with the word “Remove” in the subject line.

If you want to report any violations of these terms and conditions of use, please contact abuse@alterhosting.com.