Terms of Service
Terms and Conditions
General Provisions
In consideration for Alps HOST maintaining one or more accounts (each “Account”), you, as the Alps HOST customer, agree to the following terms of service.
Definitions
“We” “Us” or “Provider” or “Alps HOST.” .AlpsHOST.com.
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Alps HOST however, offers a 99.9% uptime guarantee. This is valid for only the Alps HOST servers and our primary co-location internet connection. Alps HOST shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Alps HOST is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Alps HOST capability to directly correct. Alps HOST clients are diverse and their web sites and the function of those web sites are diverse and Alps HOST cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
ALPS HOST 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 Alps HOST nor anyone 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 Alps HOST, even if Alps HOST has been advised to the possibility of such damages.
Limitation of Liability
You agree to indemnify, defend and hold Alps HOST 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 Alps HOST 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 Alps HOST. 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 Alps HOST gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Indemnification
You agree to indemnify, defend and hold Alps HOST 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 Alps HOST 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 Alps HOST. 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 Alps HOST gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
CHOICE OF LAW
This Agreement shall be interpreted under the laws of Bremen-Germany without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of Bremen, Germany. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided by Alps HOST
Alps HOST 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 Alps HOST members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Alps HOST members will use the provided services in a manner consistent with any and all applicable laws. Alps HOST 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. Alps HOST reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Alps HOST can terminate client’s account without notification.
AlpsHOST.com provides timely web site hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with AlpsHOST.com. You agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of AlpsHOST.com and any employee or contractor of AlpsHOST.com.
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 Alps HOST or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Alps HOST or any third party. Customers may not run IRC, bots or clients. Clients may not use Alps HOST servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only.
Alps HOST’ shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their add-on domains that are not domains owned by the client on record at Alps HOST. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites.
The provided MS SQL remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications – violating this rule will result in account suspension. Alps HOST will be the sole and final arbiter as to what constitutes a violation of this policy. Alps HOST does not normally monitor the contents of clients servers, however if suspicion occurs, Alps HOST reserves the right to investigate and terminate the clients subscription to the service.
b. Unlimited Features :
What do you mean by “unlimited disk space and bandwidth/data transfer”
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.
If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
c. Excessive Resource User Policy :
Resources are defined as bandwidth, memory and/or processor utilization. Alps HOST offers a shared web hosting service in which environment customers may share resources with other customers. Therefore it is imperative that Alps HOST control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using “Excessive amounts of resources” when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: Scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an “excessive resource” user. In the event of excessive resource usage Alps HOST may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, Alps HOST may suspend that customer’s account prior to notify that customer, Alps HOST may also contact the ‘excessive usage’ customer prior to taking any action if Alps HOST feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by Alps HOST is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using “excessive resources” may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. Alps HOST 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 a Alps HOST server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Alps HOST network but is sent from an e-mail address not associated with that Alps HOST account. Client shall not use their Alps HOST 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. Alps HOST reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
e. Excessive Exploits :
Alps HOST allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or AlpsHOST.com reserves the right to terminate that clients’ account and provide them with a prorated refund.
f. False Information :
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Alps HOST concerning unethical, false or unlawful activities by you, Alps HOST reserve the right to suspend or terminate your service with or without notice.
g. Licensed Software Only :
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
h. Back-Up Files :
Alps HOST provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Alps HOST is not responsible for any loss of data.
Payment, Renewal, Cancellations
Payment Obligations :
Full payment is required in advance before hosting service is established. Alps HOST sends out invoices that are due every pay period. You are given fifteen (10) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Alps HOST 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. It is the client’s responsibility to ensure that payment is made to Alps HOST prior to the renewal date and although Alps HOST sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Alps HOST, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
Renewals :
Your account will be automatically renewed under the same time and fee structure unless you give written notice to Alps HOST thirty (15) days before the renewal date that you do not wish to renew or make changes to such account. For accounts who used a coupon upon their initial purchase to reduce the cost of signing up with Alps HOST those coupons are good for only the initial purchase and initial activation of the customers’ account and the coupon is not applied to the renewal of their customer account.
Late Fees :
Clients have the option to pay an invoice at any time by logging into their Alps HOST account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $5.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $5.00 must be submitted to Alps HOST.
Cancellation & Refunds :
Should you become dissatisfied with our services within the first 30 days of your account activation, Alps HOST will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. 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 sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations and dedicated services. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Alps HOST hosting service within the 30 day money back guarantee.
In addition refunds are not available for additional services which you may purchase at Alps HOST for instance an additional domain name we may purchase for a client is not refundable and a dedicated IP which we may setup for a client for a charge is not refundable.
Web site files are the responsibility of the Alps HOST customer and should a Alps HOST customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the Alps HOST server prior to requesting that Alps HOST cancels their account. Once the cancelation request has been submitted to Alps HOST a cancelation of the web site hosting service may occur anytime after the request is received by Alps HOST and when a cancelation request is completed the client’s hosting account with Alps HOST and their web site files are permanently removed from the Alps HOST servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.
99.9% Service Level Agreement ” SLA”
Alps HOST offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Alps HOST will try to maintain maximum uptime. Alps HOST is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee
Alps HOST offers an unconditional 30-day money back guarantee that covers cancellations of a shared 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 or domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations and dedicated services are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Alps HOST hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to billing@AlpsHOST.com
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