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Terms &
Conditions
The Services We
Provide
In exchange for the
fees you pay in advance, we will host
your website on one or more of our
servers, so long as you abide by the
terms and conditions that are set out on
this page, and in any other agreements
that relate to the services we may
provide to you. We will provide the
services according to the specifications
listed for the hosting package which you
select during the signup process. For
clarity, on this page, the term
"services" refers to the web hosting
services that we will provide to you and,
if you are an Affiliate, the services we
provide to you in connection with that
program.
Permission to
Host Your
Content
For us to host your
website, it is necessary for you to
upload your content to our servers. When
you do this uploading, you are creating
one or more copies of your content on our
system. By purchasing hosting services
from us, you acknowledge that these
copies are being made, and give us the
permission (a license) to maintain these
copies and make them available to users
of the Internet. You are solely
responsible for providing all of the
content and other data that make up your
website.
Personal
Information
When you place an order
for our services, your personal
information, including your credit card
information, is transmitted via the use
of Secure Socket Layer technology, the
industry standard for encrypting
sensitive information. We take your
privacy very seriously, and as such, will
not sell your personal information to a
third party (other than a company that
may purchase Alien-IT), and will take
reasonable steps to keep it from being
disclosed to any third party. Read more
in our Privacy Policy,
below.
You
consent to be called by a representative
of www.alien-it.co.za
at
the telephone number above and/or emailed
important information about Alien-IT products
and
services.
Backups
We will make every
attempt to retain nightly backups.
However, as with any data storage
systems, backups can fail. We encourage
you to perform your own backups on a
periodic basis or sign up for our daily
backup service.
Because the Services
permit Users to electronically transmit
or upload content directly to the User
Web site, Users shall be fully
responsible for uploading all content to
the User Web site and supplementing,
modifying and updating the User Web site,
including all
back-ups.
Any file over 40MB in
size will not be backed up onto our
backup servers and in the event of server
failure, will not be
recoverable.
Alien-IT shall not be
responsible for any damages to the User
Content, the User Web site or other
damages or any malfunctions or service
interruptions caused by any failure of
the User Content or any aspect of the
User Web site.
The User is solely
responsible for making back-up copies of
the User Web site and User
Content.
Alien-IT does not
maintain backup copies of User Web sites
or e-mail. Alien-IT cannot guarantee that
the contents of a Web site will never be
deleted or corrupted, or that a back-up
of a Web site will always be available.
Users should always copy all content of a
Web site to a local computer and Alien-IT
strongly suggests that Users make an
additional copy (on tape, CD, multiple
floppies, another desktop, or elsewhere)
to ensure the availability of the
files.
Acceptable Use/Illegal
Activity
Alien-IT strives to
maintain a high-level of service, and a
lot of customers depend on our high
standards of quality. As such, we will
not provide services to those that are
using our services
for:
Hacking, which
includes, for example penetrating or
attempting to access, without
authorization, another computer or
network. Port scans, stealth scans, and
fraudulent credit card "phishing"
techniques are also
prohibited.
Hosting of files or
other data that infringes on another's
copyright or other intellectual property
rights.
Spamming, or sending of
bulk unsolicited email. We maintain a
strict policy on spamming, which includes
the sending of unauthorized commercial
messages by use of our services, or by
maintaining an open SMTP connection. We
reserve the right to refuse or terminate
service based on reasonable indications
that you are engaged in spamming of any
sort.
Uploading or linking to
any content that violates another's right
of publicity or
privacy.
Distributing hate
speech, or any other content that is
obscene, abusing, which could be
considered libelous and
defamatory.
Hosting, storing, or
distributing child pornography. If any
such content is found and brought to our
attention, the proper law enforcement
agencies will be
notified.
Hosting large amounts
of data not specifically tied ("linked")
to your hosting account. Alien-IT
encourages users looking for file
storage/backup solutions to seek other
services that specialize in this
service.
Content
All services provided
by Alien-IT may only be used for lawful
purposes.
The customer agrees to
indemnify and hold harmless Alien-IT from
any claims resulting from the use of our
services.
Use of our services to
infringe upon any copyright or trademark
is prohibited. This includes but is not
limited to unauthorized copying of music,
books, photographs, or any other
copyrighted work. The offer of sale of
any counterfeit merchandise of a
trademark holder will result in the
immediate termination of your account. If
you believe that your copyright or
trademark is being infringed upon, please
email abuse [at] justhost.com with the
information required. Offering video
and/or audio streaming or downloads, MP3
Files, Games and shareware is also not
permitted on any Alien-IT
server.
Examples of
unacceptable material on all Shared
servers include:
IRC Bots, Proxy Scripts
/ Anonymizers, Pirated Software / Warez,
image, filedump, mirror, or banner-ad
services (similar to rapidshare,
photobucket, or commercial banner ad
rotation), affiliate servers, topsites,
commercial audio streaming (more than one
or two streams), Escrow, High-Yield
Interest Programs (HYIP) or related
sites, Investment sites (FOREX, egold
exchange), sale of any controlled
substance without prior proof of
appropriate permit(s), AutoSurf sites,
Bank Debentures, Bank Debenture Trading
Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker
focused sites/archives/programs, or sites
promoting illegal activities, IP
Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts. Forums and or
websites that distribute or link to warez
content are
prohibited.
Using a shared account
as a backup/storage device is not
permitted, with the exception of one
cPanel backup of the same
account.
Examples of
unacceptable material on Dedicated
servers include:
Pirated Software /
Warez, Escrow, High-Yield Interest
Programs (HYIP) or related sites,
Investment sites (FOREX, egold exchange),
sale of any controlled substance without
prior proof of appropriate permit(s),
AutoSurf sites, Bank Debentures, Bank
Debenture Trading Programs, Prime Banks
Programs, lottery sites, hate sites,
hacker focused sites/archives/programs,
or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts. Forums and or
websites that distribute or link to warez
content are
prohibited.
Alien-IT services,
including all related equipment, networks
and network devices are provided only for
authorized customer use. Alien-IT systems
may be monitored for all lawful purposes,
including ensuring that use is
authorized, for management of the system,
to facilitate protection against
unauthorized access, and to verify
security procedures, survivability and
operational security. During monitoring,
information may be examined, recorded,
copied and used for authorized purposes.
Use of Alien-IT system(s) constitutes
consent to monitoring for these
purposes.
We reserve the right to
refuse service to anyone. Any material
that, in our judgment, is obscene,
threatening, illegal, or violates our
terms of service in any manner may be
removed from our servers (or otherwise
disabled), with or without
notice.
Failure to respond to
email from our abuse department within 48
hours may result in the suspension or
termination of your services. All abuse
issues must be dealt with via support
ticket/email and will have a response
within 48 hours.
If in doubt regarding
the acceptability of your site or
service, please contact us at abuse [at]
justhost.com and we will be happy to
assist you. Potential harm to minors is
strictly forbidden, including but not
limited to child pornography or content
perceived to be child pornography
(Lolita): Any site found to host child
pornography or linking to child
pornography will be suspended immediately
without notice.
Resellers: we will
suspend the site in question and will
notify you so you may terminate the
account. We will further monitor your
activity; more than one infraction of
this type may result in the immediate
termination of your
account.
Direct customers: Your
services will be terminated with or
without notice.
Violations will be
reported to the appropriate law
enforcement agency. It is your
responsibility to ensure that
scripts/programs installed under your
account are secure and permissions of
directories are set properly, regardless
of installation method. When at all
possible, set permissions on most
directories to 644 or as restrictive as
possible. Users are ultimately
responsible for all actions taken under
their account. This includes the
compromise of credentials such as
username and password. It is required
that you use a secure password. If a weak
password is used, your account may be
suspended until you agree to use a more
secure password. Audits may be done to
prevent weak passwords from being used.
If an audit is performed, and your
password is found to be weak, we will
notify you and allow time for you to
change/update your password. All files
over 10MB must be linked from files
within the same account and also
publically available through any domain
name attached to your account. Large
files (files over 10MB) should not take
up more than 40% of the data on your
hosting account.
Zero Tolerance Spam
Policy
We take a
zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam.
"Safe lists" and "double opt-in" will be
treated as spam. Any user who sends out spam
will have their account terminated with or
without notice. Please
read
www.JustHost.com/mail-policy
for
our generalized mail policy. Sites advertised
via SPAM (Spamvertised) may not be hosted on
our servers. This provision includes, but is
not limited to SPAM sent via fax, email,
instant messaging, or usenet/newsgroups. No
organization or entity listed in the ROKSO may
be hosted on our servers. Any account which
results in our IP space being blacklisted will
be immediately suspended and/or terminated.
Alien-IT reserves the right to require changes
or disable as necessary any web site, account,
database, or other component that does not
comply with its established policies, or to
make any such modifications in an emergency at
its sole discretion. Alien-IT reserves the
right to charge the holder of the account used
to send any unsolicited e-mail a clean up fee.
This cost of the clean up fee is entirely at
the discretion of
Alien-IT.
Resource
Usage
User may
not:
Use 25% or more of
system resources for longer than 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.
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 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
When
using PHP include functions for including a
local file, include the local file rather than
the URL. Instead of
include("
http://yourdomain.com/include.php
") use
include("include.php")
While our shared
services are suitable for the bulk of our
customers, there comes a time for some
websites when they are better suited for
a larger plan, which allows for more
dedicated CPU and memory resources. We
reserve the right, in our sole
discretion, to discontinue service to any
customer with a website or other hosted
data that takes up more than 10% of the
server resources and/or 10% of the
server's CPU. This means that if your
website is found to be utilizing more
than 10% of the CPU and memory of the
service, we reserve the right to take
your site offline. If this becomes
necessary, you can either upgrade your
hosting package, or request a pro-rated
refund of the amounts you have paid in
advance for the services. Due to the
severity of this, and our ability to act
quickly to correct these situations to
avoid server issues, we will do
everything reasonably feasible to provide
you with a warning prior to taking your
site offline, but we accept no obligation
to do so.
INODES
The use of more than
50,000 inodes on any shared account may
potentially result in suspension.
Accounts found to be exceeding the 50,000
inode limit will automatically be removed
from our backup system to avoid
overusage. Every file (a webpage, image
file, email, etc) on your account uses up
1 inode. Sites that slightly exceed our
inode limits are unlikely to be
suspended; however, accounts that
constantly create and delete large
numbers of files on a regular basis, have
hundreds of thousands of files, or cause
file system damage may be flagged for
review and/or suspension. Over time, tens
of thousands of messages (or more) build
up, eventually pushing the account past
our inode limit. To disable your default
mailbox, login to cPanel and choose
"Mail", then "Default Address", "Set
Default Address", and then type in:
:fail: No such user
here.
When the Services Will
be
Available
We will attempt to
provide the services 24 hours a day, 7
days a week for as long as you have paid
for them. Sometimes, however, for a
number of reasons, the services may be
unavailable to you. You must recognize
and acknowledge that due to the nature of
web hosting technology, occasional
unavailability of the services cannot be
avoided. Sometimes there are equipment
malfunctions. At other times we undertake
periodic maintenance procedures or
repairs. Still other times, there are
causes beyond our control like power
failures, interruption or failure of
telecommunication or digital transmission
links, hostile network attacks, network
traffic and other occurrences. We have
not promised to provide you with
uninterrupted
service.
Guarantee
As we explain in this
paragraph, we offer you a 60 day
Money-Back Guarantee on all shared
hosting plans. Here is how our
cancellation policy works. It is very
simple. If you cancel your account we
will provide you with a full refund for
the remainder of your term, excluding any
setup fees that were charged when you
signed up, and excluding domain
registration fees. (Even if you received
your domain for free through one of our
promotional
plans).s
Please note: Any
account upgrades to hosting services such
as additional domain registration,
Priority Support, Alien-IT Directory,
Daily Backup, Dedicated IP, Domain
Privacy, Private SSL certificates and
Shell Access are non-refundable. In
addition, we do not offer refunds on
dedicated server plans as they are month
to month and there are no contracts
involved. Alien-IT also reserves the
right to cancel your account with 72
hours notice should an event occur in
which proper evidence exists that a
customer was exceptionally rude or vulgar
in communications with our
staff.
Joining
Alien-IT
When you sign up, your
Alien-IT account will be enabled with
auto-renewal, which means that when your
renewal date arrives, your hosting plan
and domain will be renewed. When it is
time for renewal, the credit card you
have on file with us will also be
charged. If you wish to not have this
happen, and you would not like to renew
your account, you must cancel before 14
days prior to your renewal date. If you
have any questions as to when your
renewal date is, simply contact our
accounts department, or give us a call.
If you fail to cancel within 14 days
prior to renewal, your account will be
renewed for a new term, so please be sure
to fill out the cancellation form located
above if you do not want to renew. Your
account renewal dates can always be
emailed to you on
request.
If more
than 30 days pass from the date on which any
invoice for the hosting services is issued to
you and we have not received payment in full,
we will suspend your account, which means that
your data, files and website will become
in-active and cannot be accessed. If, in the
following 30 days, you pay all amounts due,
bringing your account up to date, we will take
your account out of suspension and the data
will be available again
immediately.
If,
however, 30 days pass from the date on which
your account is suspended and you have not made
payment in full, Alien-IT has the right to
delete all data you have uploaded to the
servers. To summarize, if you get 60 days
behind in making payments, your data will be
deleted. You hereby acknowledge that this is
Alien-IT's policy when it comes to data
retention, and waive all rights in and to your
data in these
situations.
Alien-IT
provides Google Adword Coupons as part of our
hosting packages. These coupons are available
in GBP and USD and are only available to UK and
USA citizens. The coupons can only be used as
part of a brand new Adwords account or an
account under 14 days
old.
These Terms of Service May
Change
Due to
our evolving business, and the changing nature
of the web hosting industry, these terms of
service may change. We will post the changes
here, and your continued use of the service
means you accept the changes we have
made.
Indemnification
If
Alien-IT is sued or threatened with a lawsuit
from a third party because of something you do
or have done with the services, or as an
affiliate, you agree to pick up the tab if
Alien-IT is found liable or pays to settle the
dispute. In legal terms, this is called
"indemnification." Not only do you agree to
reimburse Alien-IT for what it pays to
satisfy a judgment or settle a case, you also
agree to pay Alien-IT's reasonable attorney's
fees and all other costs Alien-IT incurs in
defending itself.
Disclaimer of
Warranties
You may
have noticed that up to this point these terms
of service have been kind of easy to read and
understand. But our lawyers tell us that this
section, dealing in the disclaimer of
warranties, has to retain its legalese style.
Sorry about that. Alien-IT EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Alien-IT . MAKES NO WARRANTY
THAT IT’S SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS
WILL BE CORRECTED. Alien-IT DOES NOT WARRANT,
NOR MAKE ANY REPRESENTATIONS REGARDING THE USE,
OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES,
IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. Some jurisdictions
do not allow the disclaimer of implied
warranties, in which event that foregoing
disclaimer may not apply to
you.
Limitation of
Liability
Here is
another section that has to retain its
legalese. Simply stated, what this section is
saying is that if something goes wrong,
Alien-IT cannot be held liable for it. IN NO
EVENT SHALL Alien-IT BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL,
FOR ANY MATTER, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), BREACH OF WARRANTIES,
EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS
AGREEMENT OR ITS INCORPORATED AGREEMENTS AND
POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR
SERVICES, YOUR LOSS OF DATA OR FILES OR
OTHERWISE, EVEN IF Alien-IT. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Some states
may not allow such a broad exclusion or
limitation on liability for damages as
contained in these terms of services. In those
states, our liability is limited to the full
extent permitted by law. You agree that in no
event shall our maximum aggregate liability
exceed the total amount paid by you for the
services in dispute purchased from us, or, in
the event of liability of Alien-IT due to
your enrollment in the affiliate
program
By using
Alien-IT, you agree to the above terms of
service.
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