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Terms of service

ALIEN Web Host, as a supplier of web site hosting, along with other services related to the internet offers you its clients and users the resources to distribute information to the public. We recognize that there is a lot of information being distributed on the web, nevertheless when opposing and conflicting matters occur; we at ALIEN Web Host reserve the right to take the necessary action we see fit.

To protect your rights and prevent against such matters we have provided "Terms of Service" which serves as a manual to your responsibilities while using ALIEN Web Host's services. When new additions and modifications are made to the Terms of Service, there will be a post in our "flash news" section on http://www.ALIENWebHost.com/. Your continuous use of ALIEN Web Host will represent your agreement to the new terms of service.

We at ALIEN Web Host do not take responsibility for any information the client may generate or display on their website. We are not obligated to and do not evaluate, amend, or censor the information our client's website may contain. In case of copyright intrusions, denigration and detrimental speech, the author is to be held liable for the information presented.

Under the Terms of Service the following activities area prohibited by customers, associates, and/or subordinates:


1 -   Abusive Language
    Relaying or posting offensive, harassing, hostile, or abusive language through ALIEN Web Host's networks.
     
2 -   Adult Material
    Though difficult to pin point what adult content is and isn't based on the broad laws that apply all over the world, we at ALIEN Web Host prohibit sites which:

  A - Gain all or a portion of their income from adult content.
  B - Contain photographs, videos, and other content showing nudity of men, women, or minors without having a scientific or artistic purpose.
     
3 -   Background Programs
    Background programs including but not limited to IRC bots, eggdrops, BitchX, Xircon, and others which interfere with server operations are prohibited.
     
4 -   CGI And PHP Abuse
    Although ALIEN Web Host permits the use of CGI and PHP on all virtual accounts, we must limit the amount of CPU used on any individual account on a shared server. Since the servers are shared by many accounts we can not let a few customers utilize all of the resources on that server which leads to others suffering from lack of resources. When CPU is used greatly and excessively by a few customers it leads to slowness of FTP, sites and much more which may result in errors and failure in accessing the sites on that server. Accounts found in violation of this term will be warned once. The email warning will notify you that too much CGI and/or PHP is running and suggest ways to reduce the usage or upgrade. Your CGI Script will be DISABLED if the usage is not reduced within 24 hours of the email sent. Excessive amount (ALIEN Web Host is the sole determinant of what constitutes degraded server performance) refers to any amount that leads to extensive and considerable degradation and deprivation of server performance.

All scripts (e.g. UBB, YABB) that heavily make use of flat files are prohibited.
     
5 -   Costumer Content
    Customer agrees NOT to disperse, transmit, or exhibit any material of the following nature through any ALIEN Web Host server whether themselves or through a third party.

  A - Discriminatory material based on age, gender, hate, or race.
  B - Defamatory, Offensive, or Insulting material.
  C - Infringement or violation on any intellectual property rights. Including but not limited to: copyright, patent, trademark, or any other property rights of ALIEN Web Host or any third party.
  D - Material containing viruses or other programming defects resulting in damage to ALIEN Web Host or any other third party
  E - Threatening, hostile or harassing material.
  F - Violation of any state, federal or foreign laws.
  G - Violation of any ALIEN Web Host policy.
     
6 -   Export Control
    Exporting encryption software on the internet or to other destinations outside the U.S. is prohibited.
     
7 -   Illegal And/Or Unauthorized Access To Other Computers Or Networks
    Accessing other party's computers or networks without authorization to do so is prohibited. Any activity that is used as an endeavor to system invasion such as port scan, stealth scan or any other info gathering action is prohibited.
     
8 -   Intellectual Property Violation
    ALIEN Web Host is required to eliminate or block access to customers' site upon receiving proper notification of copyright violations. The following activities are prohibited under this law; violating property rights of others including but not limited to copyrights, patents (held by individuals, corporations or other.), service marks, software piracy, trademarks, trade secrets, violating privacy and personal rights.
     
9 -   Software
    Customer may only use software from a third party that is properly licensed and is in association with customer's use of service. Customer is prohibited to store or distribute any illegal software, music or movies on or from any ALIEN Web Host server.
     
10 -   Spamming
    We will in no shape or form tolerate spamming of any kind. We, ALIEN Web Host, reserve the right to terminate any account without notice or warning that violates this rule. Use of ALIEN Web Host signifies acceptance and comprehension of this and every Term of Service. ALIEN Web Host at our option may charge $50.00 per Spam complaint we receive. This fee is non refundable and will be charged at the time of complaint notice. ALIEN Web Host reserves the right to determine what is considered Spam. Also, to conclude from the evidence presented if the e-mail recipients were from an "opt-in" e-mail list. The following forms of Spamming are prohibited:

  A - Bulk Unsolicited Commercial E-mails AKA Spam, promotional material or any other form of advertising or solicitation sent through e-mail that promotes any IP address belonging to ALIEN Web Host or any other domain hosted by ALIEN Web Host is prohibited.
  B - Misrepresenting, perjuring, or falsifying all or part of message headers to conceal the true source of the message.
  C - Transmitting, promoting, offering, or making accessible software of any kind designed to assist in Spamming.
  D - Unwanted postings to newsgroup promoting or advertising any IP or URL hosted by ALIEN Web Host.
  E - Use of web pages that permit spamming which directly or indirectly sends clients to IP addresses or domains which are hosted by ALIEN Web Host.

Please refer to "Basic Mailing List Management Principles for Preventing Abuse" for acceptable ways for mailing lists.


Proper Use Of Service

Terms of Service are effective on the date which you the customer register for ALIEN Web Host services. Services shall continue on a month to month basis unless stated otherwise in a separate agreement between ALIEN Web Host and customer. The following should serve as your guide to proper use of service:


1 -   Back Up Files
    Customer may be able to restore files which are archived routinely by ALIEN Web Host. However, we do not guarantee in any way the existence, accuracy or regularity of this service. Customer is responsible for making the necessary back up files in association with this service.
     
2 -   Bandwidth And Disk Space
    Customer will inhabit only the amount of disk space on ALIEN Web Host server and use only the bandwidth allowed by ALIEN Web Host according to account chosen. Exceeding the disk space and/or bandwidth allowance will result in additional fees and charges.
     
3 -   Basic Mailing List Management Principles For Preventing Abuse
    Mailing lists are an excellent approach for dispersing information, but they MUST be used correctly. Use the following points as your guide to correct use of mailing lists. (Please make sure and read the Spamming terms above). If you have any questions or want to check the legitimacy of your mailing list please contact us at support@ALIENWebHost.com.

  A - Verification of New Subscribers
    Mailing addresses of new subscribers must be verified prior to your emailing. You may do this in several ways, i.e. sending an email out to which the subscriber must reply to; you may also send a URL in the email which the subscriber will go to, to complete the verification.
  B - Subscriber Termination
    The administrator of the mailing list must provide a clear and simple method along with such instructions for the subscriber to terminate their subscription at their will. This must be done promptly.
  C - Out of Band Procedure
    Administrator of the mailing list must have a procedure where they may be reached (i.e. via email) for further communication for those who wish to terminate their subscription but do not or will not do it through the automated procedures.
  D - Impact of Mailing on Networks & Hosts
    Administrator of mailing list must ensure that the list is properly managed and has minimized impact on networks and hosts. This may be done by moderating the list and deleting undeliverable and invalid addresses. You must ensure that the mailing list does not overwhelm other hosts and networks.
  E - Email Use
    Administrator of mailing list must ensure that the list is not being used for abusive purposes.
  F - Address Disclosures
    Administrator of mailing list has responsibility over the addresses in their possession and must take adequate disclosure to them. This includes whether or not those addresses would be available for sale at which time when bought they are no longer "opt-in" lists. Further examination is necessary to verify whether or not the subscriber is an "opt-in" subscriber to the individual(s) who bought or traded the list.
  G - Nature of the Mailing Lists
    Administrator of mailing list is responsible for taking adequate disclosure for the nature, content, subject and frequency of the emails. A subject matter which varies to some degree from that to which the subscriber signed up for or the frequency of the emails changes constitutes the need for a new mailing list (needing the "opt-in" approval of the subscriber). Existing subscribers should never be subscribed to a new mailing list automatically.
     
4 -   Changes To Terms of Service
    Changes to Terms of Service by customer will NOT be binding unless it is in writing and has been counter executed by both parties. Variation in prices needs to be confirmed in writing (either by mail or email) by both parties. ALIEN Web Host reserves the right to make additions and modifications to the Terms of Service without prior notice at which time there will be a post in the "news" section at www.ALIENWebHost.com. The customer's continuous use of ALIEN Web Host's services represents the customer's agreement of the new Terms of Service.
     
5 -   Client Liability And Indemnification
    All parties agree that in no event, shape or form shall ALIEN Web Host be held liable to any third party for breach or alleged breach of any term or condition by the customer. Customer agrees to defend, and indemnify ALIEN Web Host from all damages, expenses, liabilities, losses or claims of a third party resulting from client's breach or alleged breach of any kind.
     
6 -   Payment Policy
    The day you sign up for your ALIEN Web Host account is the day your payments will be due each and every month. We will charge your Credit Card or Checking Card on that day. If you have other billing needs please feel free to contact us at billing@ALIENWebHost.com. ALIEN Web Host at our discretion reserves the right to terminate any account if client fails to make payments in a timely manner. Client is and shall be held responsible for all outstanding charges allocated to ALIEN Web Host. This includes cancellation of account. If you signed up for an account on the 5th and you give notice to cancel your account on e.g. 10th of this month, you are still held responsible for all charges and fees for rest of this month (from the 5th of this month to the 5th of next month).
     
7 -   Termination Of Account
    ALIEN Web Host at its sole discretion reserves the right to terminate services of any customer if they are in violation of the Terms of Service. We reserve the right to refuse services to anyone.
     
8 -   Cancellations
    A written notice needs to be sent to support@ALIENWebHost.com by the end of the preceding payment period regarding customer's request for cancellation. Please include your domain name and client ID. Either party has the right to terminate this agreement with prior (by end of preceding payment period) written (emailed) notice. If customer wishes to re-instate a cancelled account they may do so within 7 business days of cancellation. Customer will be charged $50.00 prior to re-instatement of their account. Once we have received payment, customer's account will be activated within 48 business hours.
     
9 -   30-Day Money Back Guarantee
    We at ALIEN Web Host want you to be satisfied with the excellent services you receive. If for a reason you are not satisfied within the initial 30 days and wish to terminate your account, you may do so by emailing support@ALIENWebHost.com and we you will receive a full refund (excluding setup fees and fees for additional features). Please remember to remove the data you need prior to canceling, your account will be terminated immediately.
     
10 -   Refunds and Disputes
    All payments to ALIEN Web Host that have been serviced are NOT refundable. Overcharges and disputes of billing MUST be reported within 60 days of the time of the dispute. Refunds will be given only at the discretion of ALIEN Web Host. If you choose to dispute a charge to your credit card issuer which ALIEN Web Host (at ALIEN Web Host's discretion) considers a valid charge under the requirements of Terms of Service, you agree to pay ALIEN Web Host an Administrative Fee of between $100 (on hundred USD) and $300 (three hundred USD) decided by ALIEN Web Host.
     
11 -   Taxes
    Customer is responsible for paying all applicable taxes and holds ALIEN Web Host harmless to any and all taxes connected to customer's use of our services (including collections and withholdings).


Disclaimer of warranty

Services provided to customers of ALIEN Web Host are provided on an "as is" basis. ALIEN Web Host disclaims any warranty that; services will be not be interrupted or be free of error; defects will be corrected; there are no viruses or harmful components; and that security methods being used will be adequate.

Limitation of liability
In no shape or form shall ALIEN Web Host be held liable/responsible for damages resulting from loss of profit or records from use of ALIEN Web Host site or products. We are also not responsible for any incidentals, disciplinary or consequential damages associated with this agreement.
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