AUP - Acceptable Usage Policy IMPORTANT NOTICE: *All Payments To
Alefhost.com Are Refundable, based on pricing policies, and examination on
case-by-case basis.
The following are considered violations of
Alefhost.com AUP (acceptable use policy)
1. Illegal use: Alefhost.com services may not be used for illegal purposes,
or in support of illegal activities. Alefhost.com reserves the right to
cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
2. Threats: Use of the Alefhost.com service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
3. Harassment: Use of the Alefhost.com service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
4. Forgery or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or other
identifying infrmation is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
5. Fraudulent activity: Use of Alefhost.com
service to make fraudulent offers to sell or buy products, items, or
services, or to advance any type of financial scam such as "phishing".
Conducting a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon it.
6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the
Alefhost.com service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Violations of this type will result in
the immediate termination of the offending Alefhost.com account.
IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or
cause any of our IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network. The server will
not be reconnected until such time that you agree to remove ANY and ALL
traces of the offending material immediately upon reconnection and agree to
allow us access to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to the customer. Any
server guilty of a second violation WILL be immediately and permanently
removed from our network without notice.
7. E-mail / News Bombing: Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate termination of
the offending Alefhost.com account.
8. E-mail / Message Forging: Forging any message header, in part or whole,
of any electronic transmission, originating or passing through the
Alefhost.com service is in violation of this AUP.
9. Usenet SPAMing: Alefhost.com has a zero tolerance policy for the use of
its network for the posting of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of any newsgroups or mailing
list. Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients are
permitted.
10. Unauthorized access: Use of the Alefhost.com service to access, or to
attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Alefhost.com or another entity's computer
software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending
Alefhost.com account is subject to immediate termination.
11. Copyright or trademark infringement: Use of the Alefhost.com service to
transmit any material (by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
12. Network disruptions and unfriendly activity: Use of the Alefhost.com
service for any activity which affects the ability of other people or
systems to use Alefhost.com Services or the Internet. This includes "denial
of service" (DOS/DDOS) attacks against another network host or individual
user. Interference with or disruption of other network users, services or
equipment is prohibited. It is the Member's responsibility to ensure that
their network is configured in a secure manner. A Subscriber may not,
through action or inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their network, through
action or inaction, to be configured in such a way that gives a third party
the capability to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's
computer system will result in immediate account termination. Alefhost.com
will not tolerate any subscriber attempting to access the accounts of
others, or penetrate security measures of other systems, whether or not the
intrusion results in corruption or loss of data.
13. Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or posting of copyrighted or
the aforementioned infringements will not be tolerated.
14. Distribution of Viruses: Intentional distributions of software that
attempts to and/or causes damage, harassment, or annoyance to persons, data,
and/or computer systems are prohibited. Such an offense will result in the
immediate termination of the offending account.
15. Inappropriate Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using Alefhost.com
services could result in suspension service.
16. Third Party Accountability: Alefhost.com subscribers will be held
responsible and accountable for any activity by third parties, using their
account, that violates guidelines created within the Acceptable Use Policy.
17. IRC networks: IRC is allowed only on our separate IRC network that was
designated by Alefhost.com for such a use. Clints found running IRC on our
standard network will have their servers disconnected untill they agree to
be moved to IRC network.
18. Adult content is allowed on specifically defined accounts/servers.
TOS - Terms Of Service
Alefhost.com ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Alefhost.com Service constitutes
acceptance and agreement to Alefhost.com AUP as well as Alefhost.com TOS
(Terms of Service).
All provisions of this contract are subject
to the TOS (Terms of Service) of Alefhost.com and AUP (acceptable use
policy). The AUP may be changed from time to time at the discretion of the
Company. Subscriber understands that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all
respects in accordance with US Federal laws and European Community
regulations applicable to contracts enforceable. Venue for litigation will
be via arbitration and/or legal framework in locality decided by
Alefhost.com.
1. Disclosure:
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may disclose any
and all subscriber information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who makes a written
request without further consent or notification to the Subscriber. In
addition Alefhost.com shall have the right to terminate all service set
forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to Subscriber. Subscriber
is aware that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon Company
achieving and maintaining its cost of service goals including but not
limited to rates charged to company by its suppliers.
3. Payment:
Establishment of this service is dependent upon receipt by the Company of
payment of stated charges. Subsequent payments are due on the anniversary
date of the month for that month's service. Subscriber agrees that The
Company automatically charges subscriber`s credit card every month.
Alefhost.com reserves the right to process client credit cards from 1 to 5
days before the actual due date to ensure that the funds are received by the
due date.
4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00
declination fee. Service will be interrupted on accounts that reach 4 days
past due. Service interrupted for nonpayment is subject to a $50 reconnect
charge. Accounts not paid by due date are subject to a $25 late fee.
Accounts that are not collectable by Alefhost.com may be turned over to an
outside collection agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and Collection" Fee.
If you desire to cancel your account, please follow the proper procedure to
do this as outlined in this TOS.
Colocation servers that are terminated for non payment will be considered
abandoned and forfeited after 30 days.
5. Refund and Disputes:
Payments to Alefhost.com are refundable, based on a case-by-case review.
Non-refundable payments include the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must be
reported within 30 days of the time the dispute occurred. If you dispute a
charge to your credit card issuer that, in Alefhost.com's sole discretion is
a valid charge under the provisions of the TOS and /or AUP, you agree to pay
Alefhost.com an "Administrative Fee".
6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon
the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: All requests for canceling accounts must be made
via email to support@Alefhost.com with at least 7 days prior to billing
date. You must have all account information to cancel.
8. Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons. Therefore, subscriber
agrees that the company shall not be liable for any damages. In no event
shall the company be liable for any special or consequential damages, loss
or injury.
9. Invoicing: The Company does not send out invoices automatically. If a
subscriber needs an invoice , they can request one at billing@Alefhost.com
10. Datacenter public access: Public access to Alefhost.com datacenter is
allowed to existing clients only and to individuals interested in guided
tour. All visits must be scheduled at least 24 hours prior to the visit.
Guided tours are allowed only during regular business hours Monday to
Thursday. Local clients who need emergency access to their server have to
contact our tech support and announce their arrival at least 24 hours prior
to the visit. Existing clients who wish to access the datacenter agree to
pay any related charges such as security pass, property pass or assistance
of our employees. Existing client agrees to submit their photo ID for our
records prior to initial visit of our datacenter.
11. Support Boundaries: Alefhost.com provides 24 x 7 technical support to
our subscribers (except for few holidays and short company meetings when we
close our center.) We ensure on a "best effort" basis that all servers
housed at our facility are online and remotely accessible.. Alefhost.com
does not offer tech support for application specific issues such as cgi
programming, html, ASP or any other such issue. We may provide
debugging support at $50/hour. Alefhost.com does not provide technical
support for YOUR customers, unless we have a prior agreement to do so.
If you can email, we encourage you to email support@Alefhost.com for
assistance.
12. SPAM: Alefhost.com takes a zero tolerance approach to the sending of
SPAM over our network. Very simply this means that customers of Alefhost.com
may not use or permit others to use our network to transact in SPAM.
Customers of Alefhost.com may not host, or permit hosting of, sites or
information that is advertised by SPAM from other networks. Violations of
this policy carry severe penalties, including termination of service.
a. Violation of Alefhost.com SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Alefhost.com
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, Alefhost.com may restrict customer access to the
network to prevent further violations. If a customer is found to be in
violation of our SPAM policy, Alefhost.com may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, Alefhost.com
reserves the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. Alefhost.com will
notify law enforcement officials if the violation is believed to be a
criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of
$250 and your account will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of $500 and
immediate termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties, they will pay
"Research Fees" not to exceed $175 per hour that Alefhost.com personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their
clients over the Alefhost.com network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
Anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed in
any of the various Spam Databases will have their server immediately removed
from our network. The server will not be reconnected until such time that
you agree to remove ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the server to confirm that
all material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network without
notice to the customer. Any server guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
13. Network
a. IP Address Ownership: If Alefhost.com assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet Protocol
address shall belong only to Alefhost.com, and Customer shall have no right
to use that Internet Protocol address except as permitted by Alefhost.com in
its sole discretion in connection with the Services, during the term of this
Agreement. Alefhost.com shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer by
Alefhost.com LLC, and Alefhost.com reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be used with
name-based hosting. All IPs that are allocated to client must be utilized
within 48 hours. If allocated IPs are not utilized within this time frame
The Company reserves the right to retract IPs that are not being utilized
without notifying the client.
b. Bandwidth Usage. Alefhost.com will monitor Customer's bandwidth.
Alefhost.com shall have the right to take corrective action if Customer's
usage negatively impacts other clients.
c. System and Network Security: Users are prohibited from violating or
attempting to violate the security of the Alefhost.com Network. Violations
of system or network security may result in civil or criminal liability.
Alefhost.com will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations. These violations
include, without limitation:
i. Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
iii. Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not
entitled.
14. Notification of Violation:
a. Alefhost.com 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 through our AUP to monitor or police
Internet-related activities.
b. First violation: Any User, which Alefhost.com determines to have violated
any element of this Acceptable Use Policy, shall receive an email, warning
them of the violation. The service may be subject at Alefhost.com's
discretion to a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
c. Second Violation: Users that Alefhost.com determines to have committed a
second violation of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service without further
notice.
d. We reserve the right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending activity is
causing great harm to parties on the Internet. In particular, if open relays
are on your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have to do
this before attempting to contact you. If we do this, we will contact you as
soon as is feasible.
15. Suspension of Service or Cancellation:
Alefhost.com reserves the right to suspend network access to any customer if
in the judgment of the Alefhost.com network administrators the customer's
server is the source or target of the violation of any of the other terms of
the AUP or for any other reason which Alefhost.com chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time the
customer's machines were suspended.
Customers of colocation servers must make arrangements for the server to be
picked up and removed from our Data Center. The server will be
considered abandoned and forfeited after 30 days.
.
16. Alefhost.com reserves the right to amend its policies at any time. All
Sub-Networks, resellers and unmanaged servers of Alefhost.com must adhere to
the above policies. Failure to follow any term or condition will be grounds
for immediate Cancellation. You will be held responsible for the actions of
your clients in the matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms of use policy.
17. Indemnification: Alefhost.com wishes to emphasize that in agreeing to
the Alefhost.com Acceptable Use Policy (AUP) and Terms of Service (TOS),
customer indemnifies Alefhost.com for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (TOS) that results in loss to Alefhost.com
or the bringing of any claim against Alefhost.com by any third-party. This
means that if Alefhost.com is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded against
Alefhost.com, plus all costs and attorney's fees.
a. Customer acknowledges that the service
provided is of such a nature that service can be interrupted for many
different reasons and interruptions can be prolonged due to external or
internal events. Therefore, subscriber agrees that the Alefhost.com
Servers shall not be liable for any damages arising from such loss of
service for any reason. In no event shall the company be liable for
any special or consequential damages, loss or injury.
b. Customer acknowledges that colocation servers can be damaged from
shipping and handling of the colocation servers. Customer shall not hold
Alefhost.co liable for damage to any colocation server for any reason. The
customer is responsible for insuring the monetary value the of the
colocation server for the value of the server. In no event shall the company
be liable for any special or consequential damages, loss or injury.
18. Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone contacts are
used, in that order of preference.
a. A waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime without further
obligation.
c. Alefhost.com takes no responsibility for any material input by others and
not posted to the Alefhost.com Network by Alefhost.com. Alefhost.com is not
responsible for the content of any other websites linked to the Alefhost.com
Network; links are provided as Internet navigation tools only. Alefhost.com
disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's violation
of this policy.
d. Alefhost.com is not responsible for any damages your business may suffer.
Alefhost.com does not make implied or written warranties for any of our
services. Alefhost.com denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
Alefhost.com.
19. Responsibility for Content: You, as Alefhost.com's customer, are solely
responsible for the content stored on and served by your Alefhost.com
server.
