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Terms of Service
Terms of Use/Service Agreement (ToU/ToS)

Last updated July 2, 2018

The most current version of our Terms of Service can always be found at http://www.alphanine.com/terms-of-service/. This document may change from time to time. Changes go into effect and are applied to all Customers from the time that they are posted to the above URL. Any renewal of any Service constitutes an agreement of this entire ToU/ToS.

1    Acceptance of Terms

    Your use of any Service provided to You by AlphaNine ("We", "Us") is subject to these Terms of Service ("Agreement"). These Terms of Service and AlphaNine's Acceptable Use Policy are a legal agreement between You and AlphaNine, for the use of any service provided by AlphaNine. "You", or "Customer" refers to any individual who utilizes the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are utilizing the Service on behalf of Your employer, You represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement.

2    Service Provided

    AlphaNine provides Internet web hosting and other Services and maintains dedicated server computers, other equipment and software which are integrated with the Internet. These servers send and receive data and information in relationship to the Internet. The other Services that We offer can be a full server lease or a partial server lease. The partial server leases are resource blocks allocated to AlphaNine’s Customers. Both services can either be managed or unmanaged. The unmanaged Services are resource allotments (instances), or dedicated servers assigned to Customers upon request. It includes no support, and it is only an assignment of resources. AlphaNine also provides shared webhosting services to serve web pages. Managed services can include web hosting, any type of server, or instance lease, and voice over IP phone switches. Customers wish to utilize the hardware and software resources provided by AlphaNine to either establish an Internet web presence using AlphaNine's web hosting services and network, or to utilize the hardware and software resources provided by AlphaNine for any other purpose. If You do not agree with the Terms, You may not use the Services.

3    Conditions

    The Customer’s application and this Agreement constitute a legal and binding contract between AlphaNine and the Customer and does not extend to any other person or entity. It applies when You use our website or any of our resources, including but not limited to, software, storage, sharing, processing, support and consulting services, management, all related documentation and all related tools and utilities. If You don’t agree with (or cannot comply with) the ToU/ToS, then You may not use any Service provided by AlphaNine.

4    Warranties

    The Customer understands and agrees that the Service is provided "as is" and AlphaNine, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of Your data on AlphaNine’s servers. The Customer will be solely responsible for any damage resulting from the use of the Service, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions. No oral or written information or advice given by AlphaNine or its authorized representatives shall create a warranty or in any way increase the scope of AlphaNine’s obligations. AlphaNine, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any Customers requirements. Use of the Service is at Your sole risk. The entire risk arising out of use, security or performance of the Service remains with the Customer. The Customer agrees that AlphaNine shall not be liable for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided.

5    Information

    The utilization of any data or information received by the Customer from the utilization of the Service to be provided by AlphaNine is at the Customer’s sole and absolute risk. AlphaNine specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the Services to be provided hereby.

6    Payment

    Payment is due for the Service according to the selected billing cycle, and fee associated with the Service following the establishment (activation) of the Service. The Service will automatically be billed one (1) month in advance according to the selected billing cycle, and fee associated with the Service. In the event that the Customer fails to pay for such Services in advance, AlphaNine shall be entitled to suspend the Customer’s Service without notice until payment is made. If the Service is delinquent for an additional fifteen (15) days, then it will be terminated, which will result in all data being deleted, and the deleted data will be unrecoverable.

    A $35.00USD service fee will apply to each chargeback (multiple chargebacks will be billed at $35.00USD for each occurrence). If a Customer initiates a chargeback, all Services associated with that Customer will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the Customer or all of the fees associated with all of the Services associated with the Customer are paid in full, including any chargeback fees.

    The Customer will continue to be billed until the Customer cancels the Service by completing the cancellation request form associated with the Service, and submitting the request. AlphaNine will not deactivate, and cancel a Service without a completed cancellation form. The Customer is liable for any, and all fees associated with the Service and billed for up until the time that the Service is canceled. Any fees associated with the Service are not pro-rated when an account is canceled.  

7    Restrictive Use

    Please see our Acceptable Use Policy (AUP)

8    Unilateral Service Revocation

    In the event that AlphaNine may at any time believe that the Service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, AlphaNine may immediately discontinue such Service to the Customer without liability. This will include, but not limited to, issues concerning failure to pay, illegal activities and/or unsolicited email.

9    Indemnification

    The Customer shall indemnify and hold harmless AlphaNine from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against AlphaNine and AlphaNine’s officers, directors, and employees for any Service provided to Customer by AlphaNine to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

10    Modifications to Service

    AlphaNine reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that AlphaNine shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service. If You do not wish to continue using the Service under any new version of the ToU/ToS, You may terminate the arrangements by contacting us.

11    Changes in Terms of Agreement

    We may, in our discretion, make changes to the Agreements. When We make material changes to the Agreements, We’ll provide You with prominent notice as appropriate under the circumstances, such as sending You an email. In some cases, We will notify You in advance, and Your continued use of the Service after the changes have been made will constitute Your acceptance of the changes. We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the ToU/ToS.

12    Entire Agreement and Understanding

    This document and Services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

13    Relationship

    The parties here are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

14    Governing Law

    This Agreement shall be governed by the laws the United States of America. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and Services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

15    Severability

    In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

16    Statute of Limitations

    You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising of or related to the use of any service provided by AlphaNine or the ToU/ToS must be filed within one (1) year after such claim or cause of action arose or accrued.

17    Confidentiality

    Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of AlphaNine and may not be utilized or released without the express written permission of AlphaNine.

18    Interpretation

    The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/hosting industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.