What AlphaOmegaHosting.Com, Inc. expects of all users of our services. Use of our services constitutes acceptance of this AUP and our Terms of Service.
AlphaOmegaHosting.Com, Inc.'s Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what AlphaOmegaHosting.Com, Inc. expects of them while using the service. All users of our Internet services — those who access some of our services without an account as well as those who pay a service fee to subscribe — must comply with this AUP and our Terms of Service (TOS). Use of the service constitutes acceptance of and agreement to both.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Violation of this AUP may result in suspension or immediate termination of your account or other actions, without prior notice.
The goals of this AUP are to:
You may not use your virtual site to publish material which AlphaOmegaHosting.Com, Inc. determines, at its sole discretion, to be unlawful, indecent, or objectionable. "Material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. Flagrant violations of this AUP will result in immediate termination of service; otherwise we prefer to advise customers of inappropriate behavior and any necessary corrective action. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Questions about this policy may be directed to abuse@alphaomegahosting.com.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee, so you must take steps to ensure that others do not gain unauthorized access. You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account; it is your responsibility to keep it secure, and sharing your password and account access with unauthorized users is prohibited.
Attempting to obtain another user's account password is strictly prohibited and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network, or account — including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security (password guessing programs, cracking tools, network probing tools) is prohibited. You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"), including flooding, deliberate overloading, or attempts to crash a host. Users who violate systems or network security may incur criminal or civil liability, and we will cooperate fully with investigations, including with law enforcement.
Accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may negatively impact all other customers. Misuse of network resources in a manner which impairs network performance is prohibited and may result in account termination. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time, and may not run resource-intensive programs which negatively impact other customers or the performance of our systems or networks. We reserve the right to terminate or limit such activities.
Anyone who believes there is a violation of this AUP should direct the information to the Abuse Department at abuse@alphaomegahosting.com, providing where available: the IP address used to commit the alleged violation; the date and time of the alleged violation, including time zone or offset from GMT; and evidence of the alleged violation (e-mail with full header information provides all of the above, as do system log files).
We may take any one or more of the following actions in response to complaints: issue written or verbal warnings; suspend the member's newsgroup posting privileges; suspend the member's account; terminate the member's account; bill the member for administrative costs and/or reactivation charges; or bring legal action to enjoin violations and/or collect damages.
AlphaOmegaHosting.Com, Inc. reserves the right to revise, amend, or modify this AUP, our TOS, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the TOS.
AlphaOmegaHosting.Com, Inc. ("the Company") agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of the service constitutes acceptance of and agreement to the AUP and these TOS. All provisions of this contract are subject to the TOS and AUP, which may be changed from time to time at the Company's discretion; such change shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the State of Georgia, County of Cherokee, applicable to contracts enforceable in that state. Venue will be Cherokee County, Georgia.
The AUP specifically prohibits the use of our service for illegal activities. Subscriber agrees that the Company may disclose any and all subscriber information — including assigned IP numbers, account history, and account use — to any law enforcement agent who makes a written request, without further consent or notification to the Subscriber. The Company shall additionally have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber, and is aware that the Company may prospectively change the specified rates and charges from time to time. Promotional offers are contingent upon the Company achieving and maintaining its cost-of-service goals, including but not limited to rates charged to the Company by its suppliers.
Establishment of service is dependent upon receipt of payment of stated charges. Subsequent payments are due on the anniversary date for that period's service. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due; service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts not paid by the due date are subject to a $25.00 late fee. Accounts that are not collectable may be turned over to an outside collection agency, in which case you agree to pay a processing and collection fee of not less than $50 nor more than $150.
All payments are non-refundable, including the one-time setup fee and subsequent charges, regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in the Company's sole discretion, is a valid charge under the TOS and/or AUP, you agree to pay an administrative fee of not less than $50 and not more than $150.
The Company may temporarily deny service or terminate this Agreement upon failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for payment of all accrued charges, plus reasonable interest and any collection fees.
All requests for canceling accounts must be made in writing with at least 30 days' notice, but not more than 60 days' prior written notice, sent to: AlphaOmegaHosting.Com, Inc., Attn: Cancellations, 300 Oak Meadow Drive, Woodstock, GA 30188. You must have all account information to cancel. Subscriber acknowledges that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption are difficult to ascertain; therefore the Company shall not be liable for damages arising from causes beyond its direct and exclusive control. The Company's liability for its own negligence shall not exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss, or injury.
New webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days; unforeseen complications may sometimes require up to 7 business days. If a new domain is registered by the account holder there is no handling fee; if registered by the Company on the account holder's behalf, a handling fee will be incurred. Accounts involving the transfer of a domain from another provider require a minimum of 7 days, and in some cases up to 60 days; no guarantees are made regarding transfer time. If the transfer is performed by the Company on the account holder's behalf, a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
We provide technical support to our subscribers within our area of expertise. Requests for technical support should be emailed to support@alphaomegahosting.com. We provide support related to your server or virtual site's physical functioning; we do not offer technical support for application-specific issues such as CGI programming or HTML, and we do not provide technical support for your customers. Please also check our support resources and the help files in the program you are using before contacting tech support.
We take a zero-tolerance approach to the sending of unsolicited commercial email (UCE) or SPAM over our network. Customers may not use or permit others to use our network to transact in UCE, and may not host, or permit hosting of, sites or information advertised by UCE from other networks. Upon notification of an alleged violation, we will initiate an immediate investigation (within 48 hours), during which we may restrict customer access to the network to prevent further violations. If a customer is found in violation, we may, at our sole discretion, restrict, suspend, or terminate the customer's account, pursue civil remedies for investigation costs, and notify law enforcement if the violation is believed to be a criminal offense.
A first violation results in a $250 administrative fee and review of the account for possible immediate termination. A second violation results in a $500 administrative fee and immediate termination. Violators additionally agree to pay research fees not to exceed $175 per hour of staff investigation time. As customers are ultimately responsible for the actions of their clients over our network, customers are advised to adopt a similar or stricter policy for their clients.
IP address ownership: If the Company assigns Customer an IP address, the right to use it belongs only to the Company, and Customer has no right to use it except as permitted by the Company in connection with the services during the term of this Agreement. The Company maintains and controls ownership of all IP numbers and addresses and may change or remove any of them at its sole discretion. Our allocation of IP addresses is limited by ARIN policies: use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses, meaning you must use name-based hosting where possible. We periodically review IP usage and will revoke authorization for IP addresses that could be replaced with name-based hosting.
Bandwidth and disk usage: Customer agrees that bandwidth and disk usage shall not exceed the amounts ordered ("agreed usage"). We monitor usage and may take corrective action if usage exceeds the agreed amount, including assessment of additional charges, disconnection or discontinuance of services, or termination of this Agreement, at our sole discretion, without refund of fees paid in advance. If a customer exceeds the included allocation, we may collect a deposit against the customer's credit card on file. Bandwidth overages are $2 per gigabyte on standard and cPanel plans and $4 per gigabyte on premium plans.
System and network security: Users are prohibited from violating or attempting to violate the security of the network. Violations may result in civil or criminal liability, and we will investigate and may involve and cooperate with law enforcement in prosecuting users involved. Violations include, without limitation: accessing data not intended for the user; attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network (overloading, flooding, mail bombing, crashing); forging any TCP/IP packet header or any part of header information in any e-mail or newsgroup posting; or taking any action to obtain services to which the user is not entitled.
The Company is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility to monitor or police Internet-related activities. A first violation results in an email warning, and the service may be subject, at our discretion, to temporary suspension pending the user's written agreement to refrain from further violations. A second violation results in immediate suspension or termination of service without further notice. We reserve the right to drop the section of IP space involved in SPAM or denial-of-service complaints if the offending activity is causing great harm to parties on the Internet — in rare cases before contacting you, in which case we will contact you as soon as feasible.
We reserve the right to suspend network access to any customer if, in the judgment of our network administrators, the customer's server is the source or target of a violation of any terms of the AUP, or for any other reason the Company chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete; prior notification is not assured, and in extreme cases law enforcement will be contacted. The customer will not be credited for time suspended. All sub-networks, resellers, and managed servers must adhere to the above policies; failure to follow any term or condition is grounds for immediate cancellation. You are responsible for the actions of your clients, so it is in your best interest to implement similar or stricter terms for them.
In agreeing to this AUP and TOS, the customer indemnifies the Company for any violation that results in loss to the Company or the bringing of any claim against the Company by any third party. If the Company is sued because of a customer's or a customer's customer's activity, the customer will pay any damages awarded against the Company, plus all costs and attorney's fees.
You must provide us with, and keep current, good contact information (e-mail, fax, and telephone, in that order of preference). A waiver of any breach shall not operate as a continuing or subsequent waiver. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company; the Company may assign the Agreement at any time without consent or notice, and reserves the right to cancel the customer's rights under this contract at any time without further obligation. The Company takes no responsibility for any material input by others and not posted to the network by the Company, and is not responsible for the content of any other web sites linked to the network; links are provided as navigation tools only. The Company disclaims any responsibility for inappropriate use and any liability to any person or party for another person or party's violation of this policy.
The Company is not responsible for any damages your business may suffer, and makes no implied or written warranties for any of our services, including any warranty of 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. It is absolutely forbidden to host pornographic content or IRC servers on a Company server; accounts found hosting this material are subject to immediate cancellation without refund. You, as the customer, are solely responsible for the content stored on and served by your server.
AlphaOmegaHosting.Com, Inc. guarantees that covered services will be available 99.9% of the time, measured on a calendar-month basis ("Uptime Guarantee"). Availability is measured exclusively by the Company's own monitoring systems, and the Company's records and determinations regarding availability, downtime, and the applicability of exclusions are final and controlling.
If availability of a covered service falls below 99.9% in a calendar month, the Subscriber is eligible to request a service credit equal to 5% of that service's monthly recurring fee for each full hour of qualifying downtime beyond the threshold, up to a maximum credit of 50% of one month's recurring fee for the affected service. Credit requests must be submitted by support ticket within 15 days of the incident and must identify the affected service and the dates and times of the claimed downtime. Approved credits are applied to future invoices for the affected service only; they have no cash value, are not refundable, are not transferable, and are forfeited if the account is cancelled or terminated before the credit is applied. Service credits are the Subscriber's sole and exclusive remedy for any failure to meet the Uptime Guarantee.
The Uptime Guarantee does not apply to, and qualifying downtime does not include, unavailability caused in whole or in part by:
The Company reserves the right to amend this Service Level Agreement at any time in accordance with the Revisions section above.
The Company offers complimentary migration assistance ("Free Migration") to new accounts, subject to the following terms. Free Migration is limited to one migration per new account and must be requested by support ticket within 30 days of the initial order. Migration of websites is provided for cPanel-to-cPanel transfers; migration from other platforms may be performed on a best-effort basis at the Company's discretion. Migration of email service is performed using the Company's standard migration tooling.
Free Migration is scheduled at the Company's discretion and performed during the Company's normal working hours. It does not include modification of website code, application upgrades, fixing pre-existing errors or incompatibilities, or resolution of issues originating with the prior provider. The Subscriber is responsible for maintaining access to the prior provider during the migration, for verifying the completeness and correctness of migrated content and mailboxes, and for the timing and execution of DNS changes directing traffic to the Company's services. The Company is not responsible for data the prior provider fails to make available, and makes no guarantee regarding migration completion time. The Company may decline, limit, or discontinue any migration at its sole discretion, including migrations it determines to be excessively large, complex, or incompatible with its platform. The scope of any migration is determined solely by the Company.