Terms & Conditions
The order or use of any services from AlphaDrive.com [hereafter referred to as "AlphaDrive"] constitutes agreement to all Terms & Conditions included herein.
This Terms & Conditions of Service Agreement ("Agreement") is between AlphaDrive and you for web hosting, domain name registration, virtual or hosted servers, or other products and services offered by AlphaDrive. By establishing an account with AlphaDrive, you agree to be bound by this Agreement and to use AlphaDrive's services in compliance with the terms of this Agreement.
You also acknowledge that you either (i) are eighteen (18) years of age or older and you have legal authority to enter into this Agreement, or (ii) represent a corporation, partnership or other legal entity duly formed (and incorporated where applicable) in good standing and you have the legal authority and power to enter into this Agreement on behalf of such entity. You must provide AlphaDrive with a valid credit card, valid debit card or other AlphaDrive approved payment method to use our services, and must have legal authority over the payment method provided.
2. ORDERING SERVICES
Orders for AlphaDrive products and services will be processed after we have received payment and we and/or our payment partners have screened the orders for cases of fraud. Your order must include valid contact and payment information which will be used to provision an account in our system.
3. CONTACT INFORMATION
It is your responsibility to provide us with an email address which is not at a domain name you are using for your services with us. If there is ever an abuse issue, a billing issue, or we need to contact you for any other reason, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and up to date at all times.
If you have a domain name registered with AlphaDrive, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. AlphaDrive is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.
4. ACCOUNT SECURITY
Upon creation of an account with AlphaDrive, you will set up or receive a username and password to be used for accessing your AlphaDrive account information at https://www.alphadrive.com/myaccount/. You may set up or receive additional usernames and passwords as necessary for accessing services provided by AlphaDrive, such as your web hosting control panel. You are responsible for maintaining the confidentiality of all passwords related to your services with AlphaDrive, and you are responsible for all activities that occur under your password and your account, including purchases and changes made to your products and services. You agree to immediately notify AlphaDrive of any unauthorized uses of the account or any other breaches of security. AlphaDrive will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will AlphaDrive be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. AlphaDrive recommends that you use anti-virus, anti-spy and firewall software including appropriate updating of such software.
You agree to supply full payment for the products and services received from AlphaDrive, in advance of the time period during which such services are provided.
As a client of AlphaDrive, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. AlphaDrive reserves the right to bill your credit card or other payment method on file with us. AlphaDrive will charge your credit or debit card on or near your service's expiration date for the purpose of renewing said service. You agree that until and unless you notify AlphaDrive of your desire to cancel any or all services received (by the proper means listed in the appropriate section of this Agreement), those services will be billed on a recurring basis, unless otherwise stated in writing by AlphaDrive. SSL Certificates have an expiration date and cannot be renewed; a new certificate should be purchased prior to said date.
In the case where AlphaDrive sends a client an invoice for services, full payment must be received by AlphaDrive on or prior to the due date of the invoice. Any invoice that becomes overdue is subject to a 1.5% monthly late fee and/or an account suspension until the account balance has been paid in full. The late fee is applied in addition to whatever else is owed to AlphaDrive for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales (at) alphadrive.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and AlphaDrive cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Overpayment of invoices will result in a credit towards the account and are not refunded unless requested.
AlphaDrive reserves the right to change its pricing and any other charges at anytime. AlphaDrive also reserves the right to change the allowed methods of payment at any time.
6. WEB HOSTING, DEDICATED AND VIRTUAL PRIVATE SERVERS
By purchasing or using any of AlphaDrive's server products or web hosting services, including shared and reseller web hosting, you agree to abide by the following terms, in addition to all terms of this Agreement.
a.) Shared Web Hosting Accounts
Unless a web hosting service is designated a 'reseller' service, it is considered a 'shared' service. Shared web hosting accounts include all email hosting packages for the purposes of this Agreement. A shared hosting service is one where a hosted email account or website is placed on the same server as many other sites. These sites share resources, such as RAM and CPU. Shared web hosting services are provided for the sole use of the individual or company listed as the contact on the account. The service, or portions thereof, may not be resold. If you wish to resell web hosting, you must have a reseller account.
b.) Reseller Web Hosting Accounts
A reseller web hosting account allows the client to become a web host himself. Purchasers of resellers accounts may use their accounts to host multiple websites, email accounts, and/or domain names. They may resell those services to clients of their choosing and at pricing determined by the reseller. Resellers are responsible for providing all customer and technical support for their clients. AlphaDrive does not provide support to its resellers' clients. All support requests made to AlphaDrive must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Resellers and their clients and the services used by them are governed by the terms of this Agreement. AlphaDrive will hold any reseller responsible for any of their clients' actions that violate the law or the terms of service of this Agreement. AlphaDrive shall have no obligations to any of the clients of any reseller or former reseller of AlphaDrive services.
c.) Dedicated and Virtual Private Servers
Virtual Private Servers (VPS) have certain resources that are dedicated to each account. By purchasing a VPS you also agree that the VPS may also share certain resources with other VPS or web hosting customers. The VPS and its server control panel are provided for sole use of the individual or company listed as the contact on the account. If you choose to offer and provision web hosting accounts to your clients,
Purchasers of VPS and Dedicated Servers, referred to as 'Server Owners', may use their accounts to host multiple websites, email accounts, and/or domain names. Server Owners may resell those services to clients of their choosing and at pricing determined by them, and they are responsible for providing all customer and technical support for their clients. AlphaDrive does not provide support to its Server Owners' clients. All support requests made to AlphaDrive must be made by the Server Owner on their clients' behalf for security purposes. Server Owners are also responsible for all content stored or transmitted under their account and the actions of their clients. Server Owners and their clients and the services used by them are governed by the terms of this Agreement. AlphaDrive will hold any Server Owner responsible for any of their clients' actions that violate the law or the terms of service of this Agreement. AlphaDrive shall have no obligations to any of the clients of any current or former Server Owner.
7. RESOURCE USAGE
When using one of our services, clients are NOT allowed to do any of the following actions. If any customer does, AlphaDrive may terminate the account with no refund. Depending on the situation there may or may not be warnings sent.
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems. These include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD (applies to shared/reseller hosting only).
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed (applies to shared/reseller hosting only).
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 15 minutes (applies to shared/reseller hosting only).
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately (applies to shared/reseller hosting only).
- Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home
AlphaDrive clients are strongly recommended to:
- When using PHP include functions for including a local file, include the local file rather than the full URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
- Only use https protocol when necessary. Encrypting and decrypting communications is more CPU-intensive than unencrypted communications.
8. BANDWIDTH USAGE
You are allocated a monthly bandwidth allowance for most services. This allowance varies depending on the hosting or server package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
If at any time, your bandwidth usage should affect the service that AlphaDrive provides to its other clients, your account may be suspended at our sole discretion .
9. DISK USAGE
You are allocated a monthly storage allowance for most services. This allowance varies depending on the hosting or server package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more disk space is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused disk space in one month cannot be carried over to the next month. Use of our servers prohibits the storage of home computer files, disk images, mp3 and other music files that are not related to the website business, and the storage of software or large video files unrelated to the business. AlphaDrive management reserves the sole right to determine if files on its servers fall into one of these categories. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
The term Unlimited applies to files that are needed to host your website and/or business. This means we will not regularly monitor and put a quota on the amount you use. You do not have unlimited RAM or CPU.
10. UPTIME GUARANTEE
If your server, or the server that hosts your shared or reseller hosting plan has a physical downtime that is not within our 99.9% uptime guarantee, you may receive a credit on your account. Approval of the credit is at the discretion of AlphaDrive and is dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. If it is determined that the physical downtime was not within the 99.9% uptime guaranteed, a prorated credit will be issued for the amount of time the server was unavailable. To request a credit, please contact billing (at) alphadrive.com with detailed justification. You may reach the Billing Department via email or through the Contact Form on our website. All requests must be made in writing via email within thirty (30) days of the end of the month in which the downtime occurred. The uptime guarantee only applies to VPS, shared and reseller web hosting solutions.
11. DOMAIN NAMES
a.) Contact Information
You hereby acknowledge and agree that, in connection with your use of AlphaDrive's domain name registration services, you are required to provide certain information and to promptly update this information as needed to keep it current, complete and accurate.
The information you are obligated to provide and keep current in connection with your use of AlphaDrive's domain name registration services include the following: (i) your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); (ii) the domain name being registered; and (iii) the name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact. You acknowledge and agree that when you renew a domain name registration through AlphaDrive, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.
It is your responsibility to provide us with an email address which is not at a domain name you are newly registering with AlphaDrive or for which AlphaDrive is providing domain name services. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
If you have a domain name registered with AlphaDrive, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) as listed in WHOIS records or with the domain name registrar is correct and up-to-date. AlphaDrive is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.
In the event that you provide information about a third party in applying for the registration of a domain name or you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (i) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (ii) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by AlphaDrive concerning the accuracy of contact details associated with your domain name registration will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
The Internet Corporation for Assigned Names and Numbers ("ICANN"), oversees the .com, .net, .org, .biz, .info, and .us top-level domains ("TLDs"). By registering a domain name with AlphaDrive, transferring a domain name to AlphaDrive, or otherwise utilizing AlphaDrive's domain name services, you acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all relevant domain name registrations or renewals which can be found at http://www.icann.org/en/help/dndr/udrp/policy as may be amended from time to time.
c.) Domain Name Registration
Should you choose to register a domain name with AlphaDrive, upon receipt of payment for registration services we will attempt to acquire the selected domain name from a domain name registrar, selected by AlphaDrive. AlphaDrive's registration and renewal applications processes are not effective until the domain name registration or renewal information you provide AlphaDrive is delivered to the registrar administrator, and the registrar administrator puts into effect your domain name registration or renewal.
The registrar will list you as the registrant and administrative contact in connection with your registered domain name, unless you choose another registrant and administrative contact. You hereby authorize AlphaDrive to list AlphaDrive as the billing contact, technical contact and name server, unless you choose otherwise, in connection with your registered domain name and to take any actions AlphaDrive deems appropriate in these capacities.
d.) Domain Name Transfers
Should you choose to transfer a domain name to AlphaDrive from a domain name registrar or domain name service provider, upon receipt of payment for transfer and registration services we will attempt to transfer the selected domain name from its current domain name registrar, to one selected by AlphaDrive. AlphaDrive's transfer application process is not effective until the current registrar releases the domain to the new registrar, and the domain name registration information you provide AlphaDrive is delivered to the new registrar administrator, and the new registrar administrator puts into effect your domain name transfer.
The registrar will list you as the registrant and administrative contact in connection with your registered domain name, unless you choose another registrant and administrative contact. You hereby authorize AlphaDrive to list AlphaDrive as the billing contact, technical contact and name server, unless you choose otherwise, in connection with your registered domain name and to take any actions AlphaDrive deems appropriate in these capacities.
e.) No Guarantee of Registration, Renewal, or Transfer
You acknowledge and agree that AlphaDrive does not guarantee that you will be able to register, renew, or transfer a desired domain name, even if an inquiry indicates that the domain name is available, since AlphaDrive cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration, renewal, or transfer process or related databases, including the various WHOIS databases. You further acknowledge and agree that AlphaDrive may elect to accept or reject your domain name application for registration, renewal, or transfer for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration, renewal, or transfer of a prohibited domain name. You also acknowledge and agree that AlphaDrive is not liable or responsible in any way for any errors, omissions or any other actions by any registrar administrator arising out of or related to your application for and registration of, renewal of, transfer of, or failure to register, renew, or transfer a particular domain name. AlphaDrive is not responsible for any domain names for which you choose not to renew its registration.
f.) The Customer Relationship
By submitting the domain name registration application to AlphaDrive, you acknowledge and agree that you are a customer of AlphaDrive for purposes of the AlphaDrive Domain Name Registration Services. If AlphaDrive, at its sole discretion, switches to another registrar of record in connection with the registration of your domain name, AlphaDrive, or the gaining registrar may request your authorization for this transfer. If you do not agree to this request within thirty (30) days, you agree that AlphaDrive may, at its sole discretion, (i) require you to pay an additional fee to AlphaDrive for the domain name registration service in order to renew and maintain your domain name with the prior registrar of record, or (ii) require you to be responsible for all fees, including any renewal fees, directly with the prior registrar of record, in which you will authorize AlphaDrive to cease to pay for the domain name renewal fees related to your domain name and change the billing contact details for the domain name from AlphaDrive to you by providing you the applicable account information from the prior registrar.
If you are registering, transferring, or modifying a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of AlphaDrive's domain name services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you will accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
As consideration for AlphaDrive's domain name registration services, you agree to pay AlphaDrive, upon submission of your domain name application, renewal application, or registrar transfer application to AlphaDrive, the then-current fees set forth in the AlphaDrive price schedule for such AlphaDrive domain name registration service which are set forth on the AlphaDrive web site. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. AlphaDrive reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Your domain name application, renewal application, or registrar transfer request will not be submitted to AlphaDrive's registrar until AlphaDrive receives actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by AlphaDrive in its sole discretion).
In the event of a chargeback by a credit card company or debit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration will be transferred to AlphaDrive as the entity that has paid the registration, renewal, or transfer fee, and that AlphaDrive reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. AlphaDrive will reinstate any such registration solely at AlphaDrive's discretion, and subject to AlphaDrive's receipt of the applicable registration, renewal, or transfer fee and AlphaDrive's then-current reinstatement fee.
One week prior to the domain name registration renewal date, AlphaDrive will automatically renew your domain name registration for one year at the then-current renewal fee, charging the original credit card or debit card you used to register your domain name. If you wish to change your billing information, you must do so by contacting AlphaDrive at least thirty (30) business days before your domain name registration expires, otherwise your original credit card or debit card will be billed. If your original credit card or debit card has expired or is otherwise invalid, you must contact AlphaDrive to provide us with a valid credit card, debit card or some other reasonable assurance of payment (the latter to be determined by AlphaDrive at its sole discretion). You acknowledge and agree that you authorize AlphaDrive and that AlphaDrive does not need to obtain any additional authorization from you for any recurring payments, automatic billing options or updated credit card or debit card information provided by your credit card company or debit card company to AlphaDrive.
However, if you do not provide AlphaDrive with valid billing information or other assurance of payment before your domain name registration expires or if your credit card company or debit card does not provide AlphaDrive with your updated credit card/debit card information and your old credit card/debit card expired, your domain name registration will not be renewed.
i.) Suspension, Cancellation, and Transfer
You acknowledge and agree that AlphaDrive may suspend, cancel, transfer or modify your use of the AlphaDrive domain name registration services at any time, for any reason, in AlphaDrive's sole discretion. You also acknowledge and agree that AlphaDrive may suspend, cancel, transfer or modify your domain name registration if (i) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by AlphaDrive, (ii) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (iii) you use your domain name in connection with unlawful activity.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted policy, (iii) any registrar procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that AlphaDrive will have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as AlphaDrive receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
If you inform AlphaDrive that you do not want AlphaDrive to renew your domain registration, then the domain name registration will just continue until the end of the registration period. You may renew it yourself or transfer the domain name registration to another registrar. AlphaDrive will only authorize transfers of your domain name to another registrar made on your behalf if all outstanding fees associated with the domain name have been paid to AlphaDrive and your account is in good standing.
j.) Your Representations
By applying to register, maintain or renew a domain name registration, you hereby represent and warrant that (i) the statements that you make in connection with such application are complete and accurate and your contact information will be kept current; (ii) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (iii) you will not use the domain name in violation of any applicable laws or regulations., and (iv) you will respond in a timely manner to any communications from AlphaDrive or its selected registrar in connection with the domain name registration.
k.) Domain Name Revisions and Additions to this Agreement
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that AlphaDrive may modify this Agreement, as well as any additional rules or policies that are or may be published by AlphaDrive, as necessary to comply with any ICANN-accepted policy, or with any other agreements that AlphaDrive is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through AlphaDrive will constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by AlphaDrive, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and AlphaDrive's sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by AlphaDrive.
12. ACCEPTANCE OF ACCEPTABLE USE POLICY
You agree to use AlphaDrive's services in compliance with applicable law and AlphaDrive's Acceptable Use Policy posted at http://www.alphadrive.com/aup.html (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that AlphaDrive may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on its customers' use of its services. Amendments to the AUP are effective on the earlier of AlphaDrive's notice to You that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. Customer agrees to cooperate with AlphaDrive's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between AlphaDrive and You regarding the interpretation of the AUP, AlphaDrive's commercially reasonable interpretation of the AUP shall govern.
Furthermore, you agree to use the AlphaDrive domain registration, hosted servers, web hosting services, and all other services only for lawful purposes. You agree and warrant that that the content on your web site and transmission of any data from your web site (i) will not violate any federal, state, local or foreign laws, rules or regulations, and (ii) will not violate the rights of any person, group or entity including the intellectual property rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not licensed to you. You will not use the network resources of AlphaDrive to impersonate another person or misrepresent authorization to act on behalf of others or of AlphaDrive. Any emails sent in connection with your web site must correctly identify the sender.
You will not attempt to undermine the security or integrity of AlphaDrive's servers or networks including, but not limited to, port scanning, vulnerability probing or denial of service attacks of any kind on AlphaDrive's networks and servers. In addition, running excessively CPU intensive CGIs such as IRC bots and utilities, Bit Torrent clients, and any application that acts as a server and listens for inbound network connections are prohibited from running on AlphaDrive's hosting servers. Software that acts as a proxy server/scripts also is not permitted. If your processes are adversely affecting server performance, AlphaDrive reserves the right to terminate and disable the offending processes even if such action causes disruption to your web site. AlphaDrive restricts run time of any web hosting customer's CGI process to five minutes.
Using the AlphaDrive Web Hosting Service to send unsolicited bulk emails or usenet postings (spam) are also prohibited. Engaging in activities pertaining to Black Hat SEO, spandexing and so-called "scraper sites" are prohibited. AlphaDrive reserves the right to disable any portion of your web site if AlphaDrive determines, at its sole discretion, that your web site is being used for spamming, hacking or any other type of illegal activity.
If you choose to apply to AlphaDrive to become an AlphaDrive Affiliate, You agree to all terms and conditions that appear in the AlphaDrive Affiliate Terms & Conditions posted at http://www.alphadrive.com/affiliate-terms.html, which is hereby incorporated by reference in this Agreement.
14. TERM OF THIS AGREEMENT
The effective date of this Agreement begins on your account billing start date, which is normally the date services are ordered, and is indicated on your first invoice. This Agreement continues until either AlphaDrive or you terminate all of your AlphaDrive services.
AlphaDrive reserves the right to change prices of your services upon thirty (30) days written notice prior to the effective date of such new pricing. AlphaDrive reserves the right to change any of the features, content or applications of the AlphaDrive web hosting services at any time with or without notice to you. Current AlphaDrive prices and features may be obtained by visiting the AlphaDrive web site located at www.AlphaDrive.com.
AlphaDrive may terminate this Agreement, your password, your account, or your use of the AlphaDrive web hosting, server, or domain registration services for any reason, including, without limitation, if AlphaDrive, in its sole discretion, believes you have violated this Agreement, or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided when subscribing to the AlphaDrive service. Sections 5, 15, 16, 17, 18, and 19 of this Agreement will survive termination of this Agreement.
To cancel your AlphaDrive web hosting, email hosting, domain name registration Service, or other products or services, you must contact our Billing Department. You may submit your request via the online form in MyAccount.
AlphaDrive reserves the right to request information from the caller or sender to prove he or she is authorized to modify or cancel services. Once a cancellation request is received and confirmed to be valid, web hosting, dedicated server, VPS, DNS, and email services will be cancelled on their next monthly anniversary date. Domain name registration and other annual non-web hosting and non-server purchases will be set to expire on their next anniversary date.
If you cancel by one of the prescribed methods listed above and are mistakenly billed again, AlphaDrive will refund any erroneous charges upon proof of cancellation.
Upon any request for termination by you, AlphaDrive will permit you to download or otherwise copy electronic materials, data, and files comprising your web site, as well as any emails residing on AlphaDrive's servers until they are cancelled by us as described herein, as long as your account is also in good standing. However, you may request immediate removal of such information. AlphaDrive will try to satisfy your request but will not be under an obligation to do so. AlphaDrive will not be liable for such deleted content and data. AlphaDrive reserves the right to retain certain technical information about your web site such as logs and statistics for a period of time as needed for technical and regulatory reasons. Any server logs generated by or in connection with your web site will remain property of AlphaDrive.
Upon termination by AlphaDrive under its sole discretion, AlphaDrive may immediately remove all of your data and information from AlphaDrive's servers and you will have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable materials therein, will then become the property of AlphaDrive. In cases where your account has been cancelled, and you are requesting reactivation, AlphaDrive, at its option, may reactivate the account.
All set-up fees, if applicable, are nonrefundable and AlphaDrive does not issue refunds or credits for domain name registration, domain name transfer, and secure certificate fees. For any account whose web hosting or email services are cancelled, and where the account is in good standing and not in breech of this Agreement, the following applies: If the web hosting or email services being cancelled are prepaid for more than one month upon the date cancellation received, a pro-rated credit will be applied to the customer's AlphaDrive account in full-month increments. A credit will not be issued for any portion of the current month's service period. If AlphaDrive waived the registration fee of your domain name due to your purchase of another product or service, and you cancel said product or service, then AlphaDrive has the right to charge you for any time remaining on the domain name's registration. This domain fee will be calculated by multiplying the current registration fee for that domain name's TLD by any partial or full prepaid years.
Once any credit has been applied to your account, if no services remain active on the account, and no balance is due, a refund of any negative balance will be issued to the customer. If the services were paid for using a credit card, the refund will be issued to the same credit card that was charged for the services, regardless of whether or not a different credit card is now on file.
17. DISCLAIMERS AND INDEMNIFICATION
a.) Use of Information
AlphaDrive may disclose personal information regarding your use of the AlphaDrive domain name registration services, web hosting services, or other products or services for any reason if, in its sole discretion, AlphaDrive believes that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating this AlphaDrive Agreement; to operate the AlphaDrive domain name registration services properly; or to protect AlphaDrive.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of AlphaDrive domain name registration services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. AlphaDrive will only provide its registrar with that information necessary to process your domain name registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by AlphaDrive.
b) Limitation of Liability
YOU AGREE THAT ALPHADRIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENT COMPANY, AGENTS,SUPPLIERS AND CONTRACTORS ("THE ALPHADRIVE PARTIES") WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (I) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION OR WEB HOSTING SERVICE, (II) USE OF YOUR DOMAIN NAME REGISTRATION OR WEB HOSTING SERVICE, (III) INTERRUPTION OF BUSINESS, (IV) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (VI) EVENTS BEYOND ALPHADRIVE'S REASONABLE CONTROL, (VII) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (VIII) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. THE ALPHADRIVE PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE ALPHADRIVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANY ONE OF THE ALPHADRIVE PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE ALPHADRIVE DOMAIN NAME REGISTRATION OR OTHER SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE ALPHADRIVE PARTIES' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the AlphaDrive Parties for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand related to (i) your use of the AlphaDrive Domain Name Registration Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, (ii) any domain name registered in your name, (iii) your purchase or use of AlphaDrive's Web Hosting Services or other related products and services. You additionally agree to indemnify, defend and hold harmless the AlphaDrive Parties from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name, or use of any other product or service provided by AlphaDrive. These indemnification provisions are in addition to any indemnification required under the UDRP or any similar policy.
You agree to notify AlphaDrive of any claim or potential claim against your domain name, including, but not limited to, the initiation of a dispute under UDRP, within five (5) business days of same. In the event that you lose your right to use a domain name used in connection with the AlphaDrive Web Hosting Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform AlphaDrive immediately and, if applicable, inform AlphaDrive of the party to whom the domain name is to be transferred and to authorize AlphaDrive to take any and all action necessary to effect such transfer.
THE ALPHADRIVE DOMAIN NAME REGISTRATION, WEB HOSTING, AND EMAIL SERVICES ARE PROVIDED TO YOU "AS IS." ALPHADRIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE ALPHADRIVE DOMAIN NAME REGISTRATION, WEB HOSTING, AND EMAIL SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE, WITHOUT ANY LIMITATION TO THE FOREGOING. ALPHADRIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM CANCELLATION, SUSPENSION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
18. DISPUTE RESOLUTION
This Agreement is governed by New York law without regard to conflict of law provisions.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by New York law. The arbitrator will be an expert in the field of Internet services and will be bound by the terms of this Agreement.
The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any customer seeking arbitration pursuant to this Agreement will pursue such arbitration on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. There will be no class action arbitration pursuant to this Agreement.
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration through the AlphaDrive Domain Name Registration Service, this Agreement is governed as stated above. Notwithstanding the foregoing, for the adjudication of disputes concerning or in connection with your domain names registered hereunder, you acknowledge and agree that you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts where AlphaDrive's headquarters are located which is Amherst, New York.
19. CHANGES TO THE AGREEMENT
AlphaDrive may revise, amend, or modify the Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the AlphaDrive Web site located at http://www.AlphaDrive.com/ and/or by email and/or in mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of AlphaDrive. By continuing to use the AlphaDrive web hosting service or the AlphaDrive domain name registration service or other services after the applicable amendments are effective, you accept and agree to abide by them.