- Service Level Agreement
- Terms of Service
- Acceptable Usage Policy
- Support
AlphaSite has highly available network connections and offers a 99.9% uptime guarantee. This applies to the availability of our network and not your personal internet connection.
AlphaSite Availability Guarantee ensures Internet connectivity is provided to AlphaSite customers 99.9% of the time and, as set forth below; AlphaSite will credit Customer's account if AlphaSite fails to meet this Network Uptime Guarantee during any given calendar month. At Customer's request, AlphaSite will calculate Customer's "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the AlphaSite Network was not available to the customer, but will not include unavailability which Customer fails to report to AlphaSite within five days, or any unavailability resulting from
(a) Scheduled AlphaSite Network Maintenance,
(b) Equipment failure,
(c) Customer's applications or equipment,
(d) acts or omissions of Customer
(e) any use or user of the service authorized by Customer or
(f) reasons of Force Majeure.
For each cumulative one half hour (30 minutes) of Network Unavailability or fraction thereof in any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the AlphaSite Monthly Fee, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages.
Limitations of Guarantee
The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly fee for the same calendar month.
All guarantees will not apply if downtime or unavailability occurs during standard AlphaSite maintenance windows, when Customer is notified at least 24-hours in advance of maintenance activities or unavailability of service guarantees. AlphaSite.
Credits or remedy will be provided only upon request of the customer. Requests for credit due to Internet Connectivity must be received within 5-days of the failure.
No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure.
This SLA is subject to change at the sole discretion of AlphaSite, without notice to Customer. The most recent revision of this document will be posted to AlphaSite web site. All changes made to the SLA will be effective five (5) days after the first publishing date.
This SLA in no way construesAlphaSite will guarantee performance against failures of application specific failures, such as web server software, operating system software, failing hardware, web site application features, database performance or related components. It will be at SoftDux sole discretion to determine fault and identify failure to perform under the obligations of this SLA.
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE AlphaSite WEB SITE, MATERIALS AND SERVICES BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE/MATERIALS/SERVICES, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. AlphaSite RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, in our sole discretion, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by AlphaSite, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer are allowed.
2. AlphaSite will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth or disk usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay AlphaSite any additional fees as specified in the Service Description. If you do not pay, AlphaSite will suspend your account until payment is received.
Debit Orders:By clicking on the Submit Order or Proceed button on our Order Form you legally acknowledge that you request and authorise AlphaSite to draw against your bank account or credit card with the bank specified on the order form (or any other bank or branch to which you may transfer your account) the hosting or service fees or any variable amount pertaining to this agreement, on the first working day of each and every month. This being the amount necessary for the payment of the monthly payment or premium due to AlphaSite in respect of your web hosting agreement. All such withdrawals from your bank account by AlphaSite shall be treated as though they had been signed by you personally. You further agree that you instruct and authorize AlphaSite’ agent, Netcash (Pty) Ltd, to draw against your account with the specified bank, and that you understand that the withdrawals authorized here will be processed by BankServ and you also understand that the details of each withdrawal will be printed on your bank statement. You agree to pay any bank charges relating to this debit order instruction, including charges for returned debits and related administrative fees. This authority may be cancelled by means of giving thirty days notice in writing, sent by prepaid registered post, but you understand that you shall not be entitled to any refund of amounts which have withdrawn whilst this authority was in force if such amounts were legally owing to AlphaSite.
Assignment: You acknowledge that the party hereby authorized to effect the drawing(s) against your account may cede or assign any of its rights to Netcash (Pty) Ltd and that AlphaSite may not delegate any of their obligations in terms of this contract/authority to any third party without prior written consent of the authorized party. You hereby confirm that you have read and agree with the above terms and conditions and that your electronic signature which is translated as the depression of the Submit Order or Proceed button on our online Order Form and the recording of your machine's IP address and time stamp, confirms your agreement to the terms and conditions.
Payments and Fees:
Payment is due on the 4th (fourth) day of each month. Credit cards that are declined for any reason are subject to a ZAR 90.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a ZAR 50.00 reconnect charge. Accounts not paid by due date are subject to a ZAR 25.00 late fee.
Payment is due on the 4th (fourth) day of each month. Credit cards that are declined for any reason are subject to a ZAR 90.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a ZAR 50.00 reconnect charge. Accounts not paid by due date are subject to a ZAR 25.00 late fee.
Delinquent Accounts:
AlphaSite may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
ACCEPTANCE OF TERMS
AlphaSite ("AlphaSite") makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by AlphaSite (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services/Materials, you agree to the Terms of Use. AlphaSite reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.
Account Cancellation:
All requests for canceling any service / services must be made through the AlphaSite Support Desk. 30 days notice must be given, after which time the service / services in question will be cancelled. No refunds will be issued on Domain Names, since these are the properties of the client. Confirmation receipt of cancellation will be sent within 24 hours.
Refunds and Disputes:
All payments to AlphaSite are non-refundable after Customer's 30-day money-back guarantee period. This includes any setup fees and monthly fees, regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, as well as reconnection fees to restore the desired service.
ACCEPTABLE USE
You may not take any action that violates our Acceptable Use Policy, which can be found here.
PRIVACY POLICY
AlphaSite collects, stores and uses data collected from You in accordance with the Company’s Privacy Policy.
LIMITED LICENSE
Use of certain AlphaSite services grants a limited licence to use various software products, including cPanel, Fantastico and Modernbill, this list is not exhaustive. The limited licence allows you, the customer, to make use of such software, up to the limits of your service, for as long as your service is current and up to date. Upon termination of your service your right to use such software is also terminated and any licence keys, serial codes etc. should be returned to AlphaSite and no longer used. The limited licence grants rights to use such software on AlphaSite equipment only and the licence cannot be used on any other equipment.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require user-supplied information, materials or communications (collectively, 'User Content'). Depending upon the nature of the Service, by submitting User Content to this Site you grant AlphaSite one of the following two types of licenses:
1. For User Content that is the result of your creative efforts, such as examples of work you have done using AlphaSite products, you hereby grant AlphaSite a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such User Content. You also grant AlphaSite the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service. This license will be in effect until such User Content is removed from the Site.
2. For User Content such as comments to the AlphaSite User to User Forums, Knowledge base, you grant AlphaSite an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that AlphaSite is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (b) we are required to do so by law.
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your username and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND AlphaSite, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AlphaSite MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. AlphaSite MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND AlphaSite MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
AlphaSite ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL AlphaSite OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT AlphaSite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AlphaSite OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
This Site contains links to third-party Web sites that are not under the control of AlphaSite. AlphaSite makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-AlphaSite Web site, you do so at your own risk and AlphaSite is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. AlphaSite provides these links merely as a convenience and the inclusion of such links does not imply that AlphaSite endorses or accepts any responsibility for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain references to AlphaSite products, services, and programs that have not been announced in your country. These references do not imply that AlphaSite intends to announce such products, services or programs in your country.
Entire Agreement; Amendments
These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.
AlphaSite's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what AlphaSite expects of them while using the service. All users of AlphaSite's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of AlphaSite Service constitutes acceptance and agreement to AlphaSite's AUP as well as AlphaSite's TOS (Terms of Service)
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 (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. AlphaSite may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your AlphaSite account or other actions.
This document is intended to provide a basic understand of AlphaSite's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of AlphaSite's AUP:
-
Ensure reliable service to our customers
-
Ensure security and privacy of our systems and network, as well as the networks and systems of others
-
Comply with existing laws
-
Maintain our reputation as a responsible service provider
-
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
-
Preserve the value of Internet resources as a conduit for free expression and exchange of information
-
Preserve the privacy and security of individual users
AlphaSite intends to provide its customers access to everything the Internet has to offer. While AlphaSite is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both AlphaSite and the Internet and cannot be permitted under the guise of free speech. The resources of AlphaSite and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your server to publish material, which AlphaSite determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a AlphaSite account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. 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.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
VIOLATIONS OF AlphaSite ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use:
AlphaSite's services may not be used for illegal purposes, or in support of illegal activities. AlphaSite reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors:
Use of the AlphaSite service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats:
Use of the AlphaSite service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment:
Use of the AlphaSite service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity:
Use of AlphaSite service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
6. 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 information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):
Use of the AlphaSite 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 AlphaSite account.
IMPORTANT NOTICE:
Anyone hosting web sites or services on their server / accoun that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately suspended. The account will not be re-activated 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 account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the accoun from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
8. 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 AlphaSite account.
9. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission, originating or passing through the AlphaSite service is in violation of this AUP.
10. Usenet SPAMing:
AlphaSite 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.
11. Unauthorized access:
Use of the AlphaSite service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AlphaSite's 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 AlphaSite account is subject to immediate termination.
12. Copyright or trademark infringement:
Use of the AlphaSite 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.
The customer understands, acknowledges and agrees that by initial and continued use of the services provided by AlphaSite, hereinafter referred to as "AlphaSite", that he or she agrees to, and is bound by the AlphaSite Digital Millennium Copyright Act Policy.
The customer understands, acknowledges and agrees that AlphaSite may revise policies, agreements and notices at any time without notice and that he or she shall be bound by the policies, agreements and notices as currently posted on the AlphaSite web site which as a whole shall constitute AlphaSite's Acceptable Use Agreement.
AlphaSite is committed to complying with U.S. copyright law and expects all end users who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers") to do the same.
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet.
Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on Web pages hosted by the service provider.
Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, AlphaSite will remove or block access to the allegedly infringing material. If a Member or user of the AlphaSite Service believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter notice to AlphaSite. AlphaSite will not be a party to disputes over alleged copyright infringement.
This information should not be construed as legal advice to our Subscribers or Visitors. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by AlphaSite is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with AlphaSite's designated agent in by email or fax:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
086 604 6013
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit AlphaSite to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Counter Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter notification with AlphaSite's designated agent at the address listed above. Such counter notification must contain the following information:
a. physical or electronic signature.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If AlphaSite receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.
Please be advised that U.S. copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.
This policy was last modified and published Saturday, September 6, 2003 and supercedes any and all previous policies governing the AlphaSite Digital Millennium Copyright Act Policy.
13. Collection of personal data:
Use of the AlphaSite service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14.IRC:
Use of IRC or IRC bots or clonebots is not allowed. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions
15. Network disruptions and unfriendly activity:
Use of the AlphaSite service for any activity which affects the ability of other people or systems to use AlphaSite Services or the Internet. This includes "denial of service" (DOS) 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. AlphaSite 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.
16. Fraud:
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
17. 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.
18. 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.
19. Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using AlphaSite services could result in suspension service.
20. Third Party Accountability:
AlphaSite 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.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach 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 your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of 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 is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. AlphaSite will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
21. P2P File Sharing
Nothing such as Kazza or any P2P system may be used on any of our services. Provision of such services will result in instant termination of your account without refund.
22. No Very High CPU Usage Programs Allowed
23. No DDOS
If you are DoS’ed we reserve the right to suspend your account to limit the attack. If you are found to of caused the DDOS your account may be suspended or cancelled.
24. No Warez
25. No child pornography
26. No provision of free email services
27. No provision of shell accounts
Network Performance
AlphaSite accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of AlphaSite systems or networks. AlphaSite reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF AlphaSite AUP
AlphaSite requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
REVISIONS TO THIS ACCEPTABLE USE POLICY
AlphaSite reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner.