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Web Hosting Terms of Service

Terms of Service 

 
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. OUR SERVICE AREA IS THE UNITED STATES. 

1. Overview

  

Welcome to this website (this “Site”), which is owned and operated by AliveWebs, a/an individual (“AliveWebs”).  These Terms of Service (these “Terms of Service”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.
 
Whether you are simply browsing this Site or are a AliveWebs customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Service , along with the following policies and agreements, which are incorporated herein by reference:
  • Privacy Policy
  • Anti-Spam Policy
  • Civil Subpoena Policy
  • Criminal Subpoena Policy
  • Dispute On Transfer Away Form
The terms “we”, “us” or “our” shall refer to AliveWebs.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Service by using this Site or the Services found at this Site.  Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
AliveWebs, in its sole and absolute discretion, may change or modify these Terms of Service, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  You acknowledge and agree that (i) AliveWebs may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised.  If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.  

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. 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 AliveWebs, 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. AliveWebs 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 submit a support ticket via the Client Portal. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Content

All services provided by AliveWebs may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the State of North Carolina and the United States of America apply. The customer agrees to indemnify and hold harmless AliveWebs from any claims resulting from the use of our services.
 

2. Eligibility, Authority

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.  If, after your agreement to these Terms of Service , AliveWebs finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service . AliveWebs shall not be liable for any loss or damage resulting from AliveWebs’s reliance on any instruction, notice, document or communication reasonably believed by AliveWebs to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AliveWebs reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS - TRANSFER OF DATA ABROAD

Accounts: In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to AliveWebs that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If AliveWebs has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, AliveWebs reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper security question answers.  For security purposes, AliveWebs recommends that you change your password and security questions at least once every six (6) months for each Account you have with AliveWebs.  You must notify AliveWebs immediately of any breach of security or unauthorized use of your Account. AliveWebs will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss AliveWebs or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of data abroad: If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. General Rules of Conduct

You acknowledge and agree that:
  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
  3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.  
  4. You will not use this Site or the Services found at this Site in a manner (as determined by AliveWebs in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;  
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding AliveWebs or AliveWebs’s Services.
  5. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by AliveWebs.
  6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  7. You will not access AliveWebs Content (as defined below) or User Content through any technology or means other than through this Site itself, or as AliveWebs may designate.
  8. You agree to back-up all of your User Content so that you can access and use it when needed. AliveWebs does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  9. You will not use this Site or the Services found at this Site, including any of AliveWebs’s related technologies, for any commercial use without AliveWebs’s express prior written consent.
AliveWebs reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
 

5. YOUR USE OF ALIVEWEBS CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of AliveWebs Content and User Content posted to AliveWebs’s websites (i.e., those sites which AliveWebs directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
AliveWebs Content: Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“AliveWebs Content”), are owned by or licensed to AliveWebs in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. AliveWebs Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AliveWebs. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. AliveWebs reserves all rights not expressly granted in and to the AliveWebs Content, this Site and the Services found at this Site, and these Terms of Use do not transfer ownership of any of these rights.
User Content: Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to AliveWebs that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
Security: You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any AliveWebs Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the AliveWebs Content or the User Content therein.

6. ALIVEWEBS'S USE OF USER CONTENT

The provisions in this Section 6 apply specifically to AliveWebs’s use of User Content posted to AliveWebs’s websites (i.e., those sites which AliveWebs directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally: You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions.  You acknowledge and agree that:
  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate AliveWebs to treat your User Submissions as confidential or secret.
  3. AliveWebs has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. AliveWebs may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
AliveWebs shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions)
If you have a website hosted by AliveWebs or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.
However, if you post or publish your User Content to this Site, you authorize AliveWebs to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Service.  Accordingly, you hereby grant AliveWebs a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and AliveWebs’s (and AliveWebs’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that AliveWebs may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.  Notwithstanding anything to the contrary contained herein, AliveWebs shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or AliveWebs’s (or AliveWebs’s affiliates’) business(es). 

7. MONITORING OF CONTENT, ACCOUNT TERMINATION POLICY

AliveWebs generally does not pre-screen User Content (whether posted to a website hosted by AliveWebs or posted to this Site).  However, AliveWebs reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Service. AliveWebs may remove any item of User Content (whether posted to a website hosted by AliveWebs or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Service, or for otherwise violating these Terms of Service (as determined by AliveWebs in its sole and absolute discretion), at any time and without prior notice. AliveWebs may also terminate a User’s access to this Site or the Services found at this Site if AliveWebs has reason to believe the User is a repeat offender.  If AliveWebs terminates your access to this Site or the Services found at this Site, AliveWebs may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS

AliveWebs expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by AliveWebs in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by AliveWebs in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of AliveWebs, its owners, employees and agents, as well as AliveWebs’s affiliates.
AliveWebs expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

9. NO SPAM, LIQUIDATED DAMAGES

You acknowledge you have read, understand and agree to be bound by AliveWebs’s Anti-Spam Policy referenced above.  You agree AliveWebs may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay AliveWebs liquidated damages in the amount of $5.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

10. TRADEMARK AND/OR COPYRIGHT CLAIMS

AliveWebs supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to AliveWebs’s Trademark and/or Copyright Infringement Policy referenced above.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by AliveWebs. AliveWebs assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, AliveWebs does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release AliveWebs from any and all liability arising from your use of any third-party website. Accordingly, AliveWebs encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. AliveWebs, ITS OWNERS,  EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AliveWebs, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND AliveWebs ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AliveWebs, ITS OWNERS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.
 

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL AliveWebs, ITS Owners, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AliveWebs IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (3) MONTHS after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall AliveWebs’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless AliveWebs and its owners, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by AliveWebs directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

Disclaimer

AliveWebs shall not be responsible for any damages your business may suffer. AliveWebs makes no warranties of any kind, expressed or implied for services we provide. AliveWebs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by AliveWebs and its employees.

15. SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
 
 

16. NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

17. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

18. COMPLIANCE WITH LOCAL LAWS

AliveWebs makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 

19. GOVERNING LAW, JURISDICTION, VENUE, WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above, these Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of North Carolina, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Cherokee County, North Carolina, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Cherokee County, North Carolina.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Service.

20. TITLES AND HEADINGS, INDEPENDENT COVENANTS, SEVERABILITY

The titles and headings of these Terms of Service are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in these Terms of Service shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Service to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Service shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

21. PAYMENTS

IMPORTANT: We have an automated billing system that will send you notifications by email. You should check your SPAM folder to make sure that email messages from us are not blocked. We assume no responsibility if you have blocked (or allowed to be blocked) notificiations from us. The notifications are sent as follows:
14 days in advance of a recurring billable item (i.e. hosting, domain registration, etc.), immediately upon creation of a non-recurring billable item's invoice (non-recurring invoices are due immediately (i.e. website design, software installation, etc.), 4 days before a recurring billable item is due a reminder will be sent if you haven't already paid the invoice due, 1 day past the due date a First Overdue Reminder is sent 1 day after the due date.
 
Second Overdue Reminder is sent 7 days after the due date. Late Fees will also be charged after 7 days past the due date and will not be reversed.
 
Third Overdue Reminder is sent 14 days after the due date and this will be the last reminder sent.
 

Please read below for information about Account Suspension or Termination

Payments must be made promptly. Delinquent bills will be assessed a 10% late fee with a minimum $5 charge if payment is not received when due and your account may be suspended or terminated immediately. If you have multiple accounts with us then all of your accounts may be suspended or terminated if you fail to abide by the payment terms outlined here.
 
Terminated accounts may not be recoverable and any related services and related accounts provided by AliveWebs or created and set up by AliveWebs at your request may also be terminated. AliveWebs reserves the right to remove web pages from viewing on the Internet until final payment is made. Late payment or failure to make payment may result, at the sole discretion of AliveWebs, in account termination and/or taking legal action to collect any monies owed. If such action proves necessary, the Client agrees to pay all reasonable attorney and court costs AliveWebs might incur by that process.
 
If your account is suspended for non-payment we will remove the account suspension only upon receipt of all amounts owed as of the date of suspension or if you make arrangements for payment and maintain an agreed upon payment schedule.
 
When an account is terminated it will be automatically removed from our servers. Although the account may be recoverable the charge to restore it, if possible, to the state it was in at the last backup will be $150.00, paid in advance, and AliveWebs makes no warranty, express or implied, that the site will function as it did before it was removed from our servers. Clients are urged to use the online payment system. If we agree to accept payment by check and a check for payment is returned for any reason the account will be suspended or terminated as if the date of suspension or termination were the date the invoice was originally due. The charge for each returned check is $36.00 in addition to the balance due and any late fees and other fees.

22. CANCELLATION OF SERVICE - REFUND POLICY

Cancellations and Refunds. AliveWebs.com provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
  • Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, domain names are nonrefundable. There shall be no refunds of $10.00 or less due to processing fees.
  • Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services within 3 calendar days of hosting account registration, Subscriber will receive a full refund of all fees paid in connection with the hosting account registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph A above of this section.
  • Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $12 per domain name.

Cancellations After 3 Days and Before 30 Days.

In the event Subscriber cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph A above of this section, subject to the following additional mandatory reductions:
  • Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $12 per domain name. Subscriber will retain full ownership and control of any such domain names.

Cancellations After 30 Days.

Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph A of this section above, and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less $12 per "Free Domain Name."
 
Notice of Cancellation. Subscriber agrees to direct all cancellation requests to AliveWebs.com via email which is accessible by logging into their account and submitting a support ticket. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by AliveWebs.com. By requesting a cancellation the Subscriber also confirms to AliveWebs.com that all emails, files, and databases are preserved and backed up somewhere other than AliveWebs.com server space. Once requested and approved the cancellation will be processed following the cancellation policy as follows:
  • AliveWebs does not require customers to sign contracts. Canceling hosting services is easy, just contact billing and we can help you take the correct steps to cancel any unused time remaining on your hosting plan and, if applicable, provide a refund for time remaining.
  • Before contacting the Billing Department, please review the following information regarding the cancellation:
    • Only the Account Owner listed in our records can request to have the account canceled.
When a hosting cancellation is processed, ALL content is permanently deleted from our servers. This includes all emails, files, and databases associated with the hosting account. Once this data has been deleted, there is no possibility of restoration. So prior to canceling, make sure ALL necessary backups of emails, files, and databases.
 
Canceling a hosting account will delete the hosting services for ALL domains associated with that account. This includes parked, unparked, subdomains and add-on domains. If you are forwarding one or more domains to your website those domains will also stop working. Be sure you have addressed domain forwarding and masking settings.
 
Canceling the hosting services will not affect your access to the Domain Names.
 
All notifications regarding the hosting account and any domains ever registered with us will be sent to the contact email address provided in the Profile/Billing tab of cPanel. This needs to be a current email address unassociated with your hosting account. If necessary, please update your email address prior to canceling the account.
 
A prorated refund of the unused time remaining on your hosting term will be issued back to the PayPal account with which the service was most recently purchased. If the account used to purchase the hosting is no longer active, please indicate this in the cancellation request so we can make alternate refund arrangements. There is a minimum processing fee of $25.00 US for alternate refund arrangements.
 
When you are ready to cancel your hosting account, simply contact us by Opening a Ticket. Please be sure to include ALL of the following information to expedite your request:
  • The Primary domain name of the hosting account you wish to cancel.
  • First and last name.
  • For security purposes, verify you are the Account Owner by providing:
  • The last four case-sensitive characters of the cPanel login Password.
  • If paid with PayPal: the full 7-digit PayPal Invoice Number for the most recent hosting payment
*Note:BOTH the password AND the verifying method of payment are required to process the cancellation.
Confirm you have all necessary backups of your emails, files, and databases, as we will proceed with canceling and deleting all content from our servers associated with your hosting account.
 
Confirm that your contact email address is current and unassociated with your hosting services.
Confirm that the PayPal account is still active.
 
Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.

23. Bandwidth Overages

Bandwidth Usage: You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting 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.
 
Bandwidth Overage Protection shields you from bandwidth overage charges by automatically suspending your account when its allotted bandwidth is exceeded. Reinstatement automatically occurs at the beginning of the next month or if you agree to have us manually override (see below) your account settings after site suspension for exceeding bandwidth occurs. 
 
When you see an overage is about to occur (you will already have received email warning messages and can also review your bandwidth usage in your site's cPanel) you can suspend your account manually or purchase either a hosting package with a higher bandwidth limit or a hosting package that calculates overage charges that are automatically billed (ideal for web sites with seasonal traffic). AliveWebs offers you two options to choose from. For questions on your account or to purchase a plan with additional bandwidth, please log into your account and submit a support ticket. Requests submitted other than via a support ticket cannot be honored. Additional bandwidth must be purchased and paid for in advance of a suspension or a manual override will also be required to turn your site on again.
 
Manual Override: If your account has already been suspended for exceeding its bandwidth limit and you can not wait for your site to be automatically reinstated at the beginning of the next cycle and you would like us to manually restore your site you must submit a support ticket and we'll invoice you for the cost for a temporary manual over-ride of the account limit, such manual over-ride to expire at the end of the next cycle. A separate invoice will be generated and emailed to you for the cost of manually overriding an account's bandwidth limit in the amount of $150.00 and must be paid before the over-ride is completed. Note: Bandwidth usage is calculated on a calendar month basis while your site's hosting plan billing cycle will be from whatever date your site's server space was originally provisioned. To submit a ticket you may login to your account here.

24. Refusal Of Service

AliveWebs reserves the right, in its sole and absolute discretion, to refuse service to anyone for any reason at any time. AliveWebs provides personal and professional service to its customers. There are, however, those rare times that a customer abuses system resources, makes threats, makes false accusations, is abusive to staff, or who refuses to let us assist them. In those instances AliveWebs will give such a customer five (5) business days to find another service provider at which time we will then fully terminate their account and may remove their site from viewing on the internet on our servers. No refunds will be made for accounts terminated for refusal of service.
 

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