Acceptable Use
Alibabahosting.com's services may only
be used for lawful purposes. Transmission of any material in
violation of International, Federal or State regulation is
prohibited. This includes but is not limited to: material
legally judged to be threatening or obscene, or material
protected by trade secret laws.
If you are found in violation of the Alibabahosting.com
Hosting Acceptable Use Policy and Terms of Use. Your account
will be terminated without notice and you will forfeit all
of the moneys that have been paid to Alibabahosting.com.
Examples of content that is not
acceptable on Alibabahosting.com
Servers: "Pirated software" or "Warez",
"Hacker programs and/or archives", "IRC
Bots", "Gambling Related","Copy righted
Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold Alibabahosting.com
harmless from any claims resulting from a breach of these
terms, and/or their use of the service, which damages
another.
Warez - Includes pirated software,
ROMS, emulators, phreaking, hacking, password cracking. IP
spoofing, etc., and encrypting of any of the above. Also
includes any sites which provide "links to" or
"how to" information about such material.
Adult Sites
We welcome and allow adult sites
. All adult sites must have a warning entrance page
that doesn't contain any nudity, all models must be 18+, and
you must abide by all laws within the USA AND your country
if different from USA Spam
SPAM in any shape or form is NOT
permitted and is grounds for immediate account termination.
Mailing lists via a mailing list manager are acceptable as
long as the list are OPT-IN list that people have signed up
for. Spam complaints from other users will not be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is
not permitted on our servers in any of its many forms
including, but not limited to: bots and IRC servers. Chat
rooms may be allowed on per use basis, so please ask one of
our support staff before setting one up. (Some cgi/perl
based chat rooms over utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no
warranty as to the accuracy or quality of information
received by any person via the Server and we shall have no
liability for any loss or damage to any data stored on the
Server.
You shall effect and maintain adequate
insurance coverage in respect of any loss or damage to data
stored on the Server. You represent, undertake and warrant
to us that you will use the Web Site allocated to you only
for lawful purposes. In particular, you represent, warrant
and undertake to us that you will not use the Server in any
manner which infringes any law or regulation or which
infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
You shall not post, link to or
transmit: (a) Any material, which is unlawful, threatening,
abusive, malicious, defamatory, blasphemous, profane or
otherwise objectionable in any way. (b) Any material
containing a virus or other hostile computer program. (c)
Any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade
mark, design right, copyright or any other intellectual
property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
You shall keep secure any
identification, password and other confidential information
relating to your account and shall notify us immediately of
any known or suspected unauthorized use of your account or
breach of security, including loss, theft or unauthorized
disclosure of your password or other security information.
You shall observe the procedures, which we may from time to
time prescribe and shall make no use of the Server, which is
detrimental to our other customers.
You shall procure that all mail is
sent in accordance with applicable legislation (including
data protection legislation) and a secure manner.
In the case of an individual User, you
warrant that you are at least 18 years of age and if the
User is a company, you warrant that the Services will not be
used by anyone under the age of 18 years.
Any access to other networks connected
to Alibabahosting.com must
comply with the rules appropriate for those other networks.
while we will use every reasonable
endeavor to ensure the integrity and security of the Server,
we do not guarantee that the Server will be free from
unauthorized users or hackers and we shall be under no
liability for non-receipt or misrouting of email or for any
other failure of email.
Intellectual Property Rights
You shall obtain any and all necessary
consents and clearances to enable you lawfully to make use
of all and any intellectual property rights through the
Services, including without limitation, clearance and/or
consents in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors
to make available to you at all times the Server and the
Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
We shall have the right to suspend the
Services at any time and for any reason without notice, but
if such suspension lasts or is to last for more than 30 days
you will be notified of the reason.
The Services provided to you hereunder
and your account with us cannot be transferred or used by
anyone other than you. No more than one login session under
any one account may be used at any time by you. User
programs may be run only during login sessions. If your
account is found to have been transferred to another party,
or shows other activity in breach of this sub clause, we
shall have the right to cancel the account and terminate the
Services and/or this Agreement immediately.
Termination
We can not stress this enough the following sites are
prohibited: hate, warez, illegal anything, illegal content,
software trading, download libraries, chat room programs,
internet search engines, copyright infringement, trademark
infringement, bulk emailing, unsolicited emailing, newsgroup
spamming, spam, spam related products and/or "anything
else determined by us to be unacceptable use of our Hosting
Services servers including abuse of server resources will be
grounds for immediate termination of service without
notice" are expressively forbidden and sites containing
banned materials are subject to immediate termination
without refund.
Without in any way limiting our (Alibabahosting.com)
rights. If a site violates these terms in any way, shape, or
form, the site will be deleted from our network. If 2
violations occur within a 90 day period the site will be
blocked from our network. Our warning schedule is
below. First Warning When you (or your clients) upload
illegal content you (or your clients) are knowingly
violating the terms of service. Therefore there is no need
for a first warning. When you upload illegal files
which violate these terms you know what you are doing is
against our policies. Second Warning There is no second
warning, the domain is deleted. You may recreate the domain,
however if illegal content is found on this domain again the
domain will be blocked from our servers. Questionable
Situations If we find content that is questionable and may
or may not violate the terms of service we will contact you.
An example of a situation like this is a band hosting their
own music on our servers. However, you can avoid this step
if you notify us. If you are a band or if you are planning
to upload a large amount of files that are questionable
please notify us before you upload so we are aware of the
situation. This will keep everyone happy.
if you fail to pay any sums due to us
as they fall due, we may suspend the Services and/or
terminate this Agreement forthwith without notice to you.
if you break any of these terms and
conditions, we may terminate this Agreement forthwith upon
written notice.
if you are a company and you go into
insolvent liquidation or suffer the appointment of an
administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be
entitled to terminate this Agreement forthwith without
notice to you.
On termination of this Agreement or
suspension of the Services we shall be entitled immediately
to block your Web Site and to remove all data located on it.
We shall be entitled to delete all such data but we may, at
our discretion, hold such data for such period as we may
decide to allow you to collect it at your expense, subject
to payment in full of any amounts withstanding and payable
to us. We shall further be entitled to post such notice in
respect of the non-availability of your Web Site as we think
fit. Accounts may be cancelled by the user with
a 7 day notice. Alibabahosting.com
reserves the right to cancel any account with or without
notice..
Limitation Of Liability
All conditions, terms, representations
and warranties relating to the Services supplied under this
Agreement, whether imposed by statute or operation of law or
otherwise, that are not expressly stated in these terms and
conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded.
Our total aggregate liability to you
for any claim in contract, tort, negligence or otherwise
arising out of or in connection with the provision of the
Services shall be limited to the charges paid by you in
respect of the Services, which are the subject of any such
claim.
In any event no claim shall be brought
unless you have notified us of the claim within 6 months of
it arising.
In no event shall we ever be liable to
you for any loss of business, contracts, profits or
anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
Notices
Any notice to be given by either party
to the other may be sent by either email, fax or recorded
delivery to the address of the other party as appearing in
this Agreement or ancillary application forms or such other
address as such party may from time to time have
communicated to the other in writing, and if sent by email
shall unless the contrary is proved be deemed to be received
on the day it was sent or if sent by fax shall be deemed to
be served on receipt of an error free transmission report,
or if sent by recorded delivery shall be deemed to be served
two days following the date of posting.
Payment
All payments must be in US Dollars
unless specified. PayPal and Credit Card (Visa, MasterCard,
American Express and Discover) is currently the method of
payment used by Alibabahosting.com. We do also accept
Check and Money order. Please contact
us to pay via money order or paypal.
All charges payable by you for the
Services shall be in accordance with the scale of charges
and rates published from time to time by us on our web site
and shall be due and payable in advance of our service
provision.
Without prejudice to our other rights
and remedies under this Agreement, if any sum payable is not
paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
Headings
Headings are included in this
Agreement for convenience only and shall not affect the
construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together
with any documents expressly referred to in them, contain
the entire Agreement between us relating to the subject
matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral:
between us in relation to such matters. No oral explanation
or oral information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to
these terms and conditions, you have not relied on any
representation other than those expressly stated in these
terms and conditions and you agree that you shall have no
remedy in respect of any misrepresentation, which has not
been made expressly in this Agreement. Misuse Of
Resources
Including but not limited to employing
applications which consume excessive CPU time. Chat/IRC, web
proxy and mailing list scripts are not allowed on our
network under any circumstances. Streaming media can be a
drain on web server resources and as such is not allowed.
CGI based message forums which use flat file databases are
often found to use excessive system resources, to avoid
disappointment please use a PHP/ASP message forum.
If you are unsure about content you
intend to place on our network, please check with us before
you do. We reserve the right to determine what constitutes
acceptable use. We may amend these terms of service with or
without notice.
You are responsible for any domains
that are placed onto our servers.
We do reserve the right to edit the
terms of service at any time with or without notice.