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Alpha1 INTERNET SERVICE AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY Alpha1 SERVICE. SPECIFIC TERMS FOR WEB HOSTING AND DOMAIN SERVICE ARE LOCATED AT THE END OF THE AGREEMENT (Sections 15 and 16).
1. AGREEMENT
This is an agreement between Creative Biznet, Inc. (d/b/a Alpha1) and you to provide Alpha1 Internet Service ("the Service"). By establishing an account, using the Service, using Alpha1-provided software, using the equipment or indicating agreement through the software or website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current Alpha1 Acceptable Use Policy. The most recent versions of all Alpha1 policies may be found at http://www.alpha1.net/policies. All pricing, features and updates can be found at our website at http://www.alpha1.net or by calling our offices at 210-448-7877.
2. TERM
If your Service has a specific initial term (like twelve (12) months) this agreement will continue on a month-to-month basis after the initial term is over. Alpha1 reserves the right to change prices of the Service upon 30 days notice. Alpha1 reserves the right to change features of the Service at any time.
3. THE SERVICE
Depending on the type of Service that you sign up for, the Service may include internet access, software, hardware, email, webspace and other features. From time to time Alpha1 may impose reasonable rules and regulations regarding the use of the Services.
The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Alpha1. Alpha1 provides the Service on a “best effort” standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, Alpha1 will NOT be able to increase the line speed once the connection is stabilized. Some Services may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems.
Your Service may limit the amount of data that you can upload and/or download each month (“bandwidth”) or may be priced according to the amount of bandwidth you use per month. Please see the description of your particular Service by referring to the appropriate product page at for more information. If during any month, you exceed a monthly bandwidth limit associated with your Service, Alpha1 may, going forward, change your Service to one permitting such bandwidth use (as provided for in the Service description) and you agree to the standard fees Alpha1 charges for such Service. Alpha1 will provide you with thirty (30) days notice of any such change to your Service.
When using our dial-Up services, or any service that requires the use of a phone connection, You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. Alpha1 is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra. Alpha1 may change its POP numbers at any time. Alpha1 reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are Alpha1’s property and Alpha1 may alter or replace them at any time.
Using a dial-up account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding allotted email space may, depending on the Service and at Alpha1’s discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. Alpha1 may delete the temporary file from the server 60 days after notifying you. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using a dial-up connection. You agree not to provide any public information services over a dial-up connection.
4. TERMINATION/CANCELLATION Alpha1 has a specific termination policy that can be found at http://www.alpha1.net/policies/accounttermination.phtml
Alpha1 may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Alpha1, in its sole discretion, believes you have violated this Agreement, violated the Alpha1 Acceptable Use Policy 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 for the Service. Sections 4, 4.5, 6, 7, 10, 11, 12, 13, 15 and 16 of this Agreement shall survive termination of this Agreement.
4.5. RETURNED MERCHANDISE & RELOCATION If Alpha1 is providing equipment to you for your use of the Service, cancellation, downgrading or changing the Service by you before the initial term of the agreement ends may result in an extra charge. If you move a fixed-location Service to a new residence or switch phone lines within the same residence during the initial term, you may be charged an additional fee. If Alpha1 can provide a broadband service at the new residence or on the new line, Alpha1 will issue a credit or a refund to your account providing you renew for another 12 months within 60 days from the time you terminated service at your old residence.
5. ACCOUNT REQUIREMENTS
In order to order and receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. The Service must be available to your location. Some services require separate active telephone, cable, satellite or wireless service in order for the Service to work. You are responsible for charges for the Service regardless of the status of these separate services. Changing service providers may result in substantial interruption of the Service and may result in fees associated with cancellation and setting up a new account. Your computer/equipment may have to meet certain minimum requirements, which may be found on the Alpha1 homepage at: www.alpha1.net.
6. PAYMENT
You will be charged a monthly service fee and applicable taxes and other fees. Some services may also include charges for hardware, activation or early cancellation. Alpha1 may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately.
For wireless Services: In order to determine which jurisdiction's taxes and other assessments to collect, federal law requires Alpha1 to obtain your Place of Primary Use ("PPU"), which must be your residential street address (if the Wireless Service is primarily for personal use) or business street address (if the Wireless Service is primarily for business use). This address must be within a service area. You herby agree to provide Alpha1 with your PPU and to notify Alpha1 immediately of any changes in your PPU.
You are responsible for any charges to your account. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges are billed to your credit card or debit card, as applicable, each month for the Service and any additional usage, services, taxes and fees. Alpha1 is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Alpha1. Payment by check is due within 30 days after the month in which the charges are incurred.
If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay Alpha1 any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at Alpha1’s sole discretion; however charges will continue to accrue until the account is canceled. Alpha1 may bill an additional charge to reinstate a suspended account.
For fixed-location services, like DSL, Cable, Satellite or other broadband service, moving to another location will require the service to be re-provisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.
7. YOUR ACCOUNT, PASSWORD & SECURITY
Upon registration, you will receive a username, password, and other account information. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Alpha1 account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Alpha1 immediately upon discovering any unauthorized use of your account.
Unless your service includes a Static IP, you will be allocated a Dynamic IP address. Alpha1 reserves the right to timeout inactive connections. Alpha1 technical support may be limited to Alpha1-provided services, software and/or unmodified hardware. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout our Web site at www.alpha1.net. These limits may also be obtained by calling 210-448-7877. Alpha1 reserves the right to change limits at any time upon 30 days prior notice.
8. INSTALLATION
The Service that you have may include equipment provided by Alpha1 ("the Equipment"). The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. Alpha1 and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.
If you are unable to perform self-installation, Alpha1 may suggest an outside vendor to help install the service. You will be responsible for all costs and scheduling associated with the installation by a third party. You are also responsible for all inside wiring repair necessary to install the service.
For Bandwidth Services: Services require Alpha1-provided professional installment only. If the relationship is terminated by either party (You or Alpha1) before the Activation Date or if the Service is found to be unprovisionable, you must return all materials with all of its original packaging to Alpha1. If you choose to cancel the account after the Activation Date, you will be charged an early termination fee. Because satellite Service equipment is highly sophisticated and FCC regulations for installing and pointing the antenna are very stringent, the equipment MUST be professionally installed by a certified installation technician.
Alpha1 DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, Alpha1 SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
Alpha1 will make its best effort to provide the Service. Because of the complex nature of internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, Alpha1 may cancel the installation process and refund any money that you have paid. Alpha1 will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if Alpha1 is able to provide service. Alpha1 shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
9. SERVICE MONITORING
Alpha1 has no obligation to monitor the Services unless that function is specifically subscribed to, but may do so and disclose information regarding use of the Services for any reason if Alpha1, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its customers. Please see our Security & Privacy Policy. Alpha1 may immediately remove your material or information from Alpha1’s servers, in whole or in part, which Alpha1, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy or other policies or laws.
10. SOFTWARE LICENSE
Alpha1 grants to you a limited, nonexclusive, nontransferable and non-assignable license to install and use Alpha1 software (including software from third-party vendors that Alpha1 distributes; in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. You agree to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Alpha1 may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to you. All third-party software license agreements can be found on our website at and are hereby incorporated and made a part of this Agreement by reference.
The Licensed Programs constitute confidential and proprietary information of Alpha1 and Alpha1’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Alpha1 and Alpha1’s licensors. You shall not, and shall cause your employees and agents not to, disclose or transfer any portion of the Services to any third party. You further agree not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Services. You hereby acknowledge that, if Alpha1 at any time or from time to time performs any customizations or modifications to Services, all rights and interests to such customizations or modifications shall be the sole property of Alpha1.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Contractor/manufacturer is Creative Biznet, Inc., 2538 E. Bitters, San Antonio, TX 78217.
For Web Hosting, Alpha1 grants to Customer a non-exclusive, personal, non-transferable license to access and use the Services solely on and as part of Alpha1’s World Wide Web site and servers.
11. DISCLAIMERS & WARRANTIES
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH Alpha1 TO YOU AT NO ADDITIONAL CHARGE. Alpha1 WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, Alpha1 OR ITS AGENT MAY REPLACE A DEFECTIVE HARDWARE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF Alpha1’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN Alpha1 OR ITS CONTRACTOR. Alpha1 RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. Alpha1 WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF Alpha1’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Alpha1 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. Alpha1 MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Alpha1 OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Alpha1 OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Alpha1 AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, Alpha1’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.
Alpha1 SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF Alpha1, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST Alpha1 IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
12. JURISDICTION
Texas residents are entitled to the following information:
The Service is provided by Creative Biznet, Inc., 2538 E. Bitters, San Antonio, TX 78217. Phone: 210-448-7877.
Charges vary depending of the type of service. Current pricing may be obtained from our website: www.alpha1.net. Alpha1 reserves the right to change prices and institute new fees at any time upon 30 days prior notice. Complaints and questions about the service should be directed to Alpha1 Customer Service at 210-448-7877. Actions arising from this agreement may be brought in an appropriate Texas small claims court. This Agreement is governed by Texas law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Texas law and will be held in San Antonio, Texas. The arbitrator will be an expert in the field of Internet services. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.
13. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, and Alpha1’s other Agreements and policies posted on Alpha1’s Web site constitute the entire agreement between you and Alpha1 with respect to your use of the Service. Alpha1 may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Alpha1’s Web site: (www.alpha1.net) and/or on your start pages and/or by email and/or in our various publications and 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 Alpha1.
You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of Alpha1, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Alpha1 will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Alpha1 as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. Alpha1 may subcontract any work, obligations or other performance required of Alpha1 under this Agreement without your consent.
You shall indemnify and hold Alpha1 harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that Alpha1 may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and Alpha1’s other agreements and policies and for any act or omission of you or your clients which are in any way related to the Alpha1 Service.
14. HOME NETWORKING TECHNICAL SUPPORT POLICY
Due to the wide range of hardware and software configurations and compatibility, it may not be possible for Alpha1 to provide technical support for your current set of products. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products. Alpha1 will use its best effort to provide support for the home networking configurations listed in the support section of our website at: www.alpha1.net/support
15. ADDITIONAL TERMS FOR WEB HOSTING SERVICE
In addition to the applicable terms above, the following terms apply specifically to Alpha1’s Web Hosting Service where different from Sections 1-14.
A. Order Acceptance, Payment
Alpha1 shall charge your credit card or issue an invoice for applicable set-up fees and monthly fees according to the Web Hosting Package (“Package”) you select. Such fees and charges shall include, without limitation, the fees for connectivity, design services, and charges by any and all third parties whose materials are included as part of the Package. Alpha1 reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to you.
When a new account is established, all monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred. Except as provided below, the set-up fees are nonrefundable and Alpha1 does not issue pro rata refunds for fees paid in advance. Your right to use the Services are subject to any limits established by Alpha1 or by the issuer of your credit card. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue. You shall be responsible for any and all taxes related to this Agreement.
B. Alpha1 Service
During the term of this Agreement, Alpha1 shall provide software services according to the Package selected by you. Current Packages may be found on Alpha1’s Web site at www.alpha1.net. Packages shall be deemed incorporated by reference into this Agreement. You shall retain copies of such Package for future reference. Alpha1 has the right to change prices, or add or delete product features of any existing product or Service. The right to change products or services extends to any software supporting a product or service. Alpha1 has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer’s web site. From time to time Alpha1 may impose reasonable rules and regulations regarding the use of the Services.
C. Limited 30-Day Money-Back Guarantee
Alpha1 offers a thirty (30) day money back guarantee on each Package. Within the first thirty (30) days, you may cancel your Service by notifying Alpha1 by calling the number or writing to the address listed below. In such case, you will receive a full refund of any amounts paid pursuant to this Agreement, except for set-up fees, which are nonrefundable. After the initial thirty (30) day period, the Alpha1 Services shall be deemed accepted for all purposes, provided no written claim has been received by Alpha1 within such thirty (30) day period.
D. Third Party Providers
In order to access and use the Services, you may be required to subscribe to other Services, including, but not limited to, the Alpha1 Internet Access Agreement. In addition, you acknowledge that in order to access certain of the Services, you may have to agree to and execute agreements with third party providers who may charge additional fees and charges in addition to Alpha1.
E. Term and Termination
The Service shall be provided on a month-to-month basis. You may cancel the Service upon thirty (30) days prior notice. Alpha1 may immediately and without prior notice terminate upon a violation by Customer of Alpha1’s acceptable use policy, non-payment of fees when due or after notice, you fail to correct any breach of this Agreement.
Upon any termination, Alpha1 may permit Customer forty-eight (48) hours to download or otherwise copy any of Customer’s information and data residing on Alpha1’s facilities prior to removing such information and data from Alpha1’s facilities. Upon termination by Alpha1 under its sole discretion, Alpha1 may immediately remove all of Customer’s data and information from Alpha1’s facilities and Customer shall 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 material therein, shall then become the property of Alpha1. In cases where Customer’s account has been cancelled, and Customer is requesting reactivation, World Net, at it’s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.
To cancel an Alpha1 web hosting, domain name services or electronic commerce services, Customer should call the Alpha1 offices or send a request via mail to Alpha1, 2538 E. Bitters, San Antonio, TX 78217, Attention: Web Hosting Cancellations. For assurance of delivery, Alpha1 recommends that requests for cancellation be sent via certified mail.
F. Confidentiality
You acknowledge that by reason of your relationship with Alpha1, you may have access to certain information and materials relating to Alpha1’s business, customers, software technology and marketing which Alpha1 treats as confidential (collectively “Confidential Information”). You shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of Alpha1; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
16. ADDITIONAL TERMS FOR DOMAIN REGISTRATION AND ADMINISTRATION
In addition to the applicable terms above, the following terms apply specifically to Alpha1’s Domain Registration and Administration Service where different from Sections 1-14.
A. Domain Name Registration, Administration, and Renewal Services
Alpha1 currently provides the Alpha1 Services through services provided by a registrar accredited through the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org top-level domains. ICANN oversees the .com, .net, .org, .biz, .info, and .us top-level domains ("TLDs"). Alpha1 accepts applications to register and renew domain names with .com, .net, .org, .biz, .info, and .us TLDs in Roman-alphabet languages.
Upon accepting your application to register or renew a domain name with a .com, .net, .org, .biz, .info, or .us TLD, Alpha1 essentially acts as your sponsor for that application. All .com, .net and .org domain name applications will be processed through Alpha1’s choice of registrar. The registration and renewal applications we process are not effective until the domain name registration or renewal information you provide us is delivered to the registry administrator for the .com, .net, .org, .biz, .info, or .us TLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal.
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 .com, .net and .org domain name registrations or renewals. This can be found on the WWW at http://www.icann.org/dndr/udrp/policy.htm.
B. No Guarantee of Registration or Renewal
You acknowledge and agree that Alpha1 does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Alpha1 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 or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that Alpha1 may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Alpha1 is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless Alpha1 and its directors, officers, employees, and agents 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.
C. The Customer Relationship
By submitting the domain name registration application to Alpha1, you acknowledge and agree that you are a customer of Alpha1 for purposes of the Alpha1 Services. You further acknowledge that there is no customer relationship between you and Alpha1’s registrar created hereunder. You agree that upon termination of Alpha1’s relationship with its registrar, Alpha1 may, in its sole discretion, with the assistance of its legacy registrar transfer your domain name registration to a new registrar partner at no additional charge to you and that this Agreement will continue in full force and effect.
D. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such application for registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights including, but not limited to, whether any foreign language translations of your domain name, infringe or violate someone else's rights.
E. Domain Name Registrant
Alpha1 considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name.
F. Fees; Renewals
As consideration for the Alpha1 Services, you agree to pay Alpha1, upon submission of your domain name application, renewal application, or registrar transfer application to Alpha1, the then-current fees set forth in the Alpha1 price schedule for such services. 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. Alpha1 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 Alpha1’s registrar until we receive 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 Alpha1 in its sole discretion).
In the event of a charge back by a credit 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 shall be transferred to Alpha1 as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee.
Unless you contact Alpha1 in writing to give alternate instructions, we will automatically renew your domain name registration for one year at the then-current renewal fee, charging the original credit card you used to register your domain name. If you wish to change your billing information, you must do so by contacting Alpha1 at least thirty (30) business days before your domain name registration expires, otherwise your original credit card will be billed. If your original credit card has expired or is otherwise invalid, you must contact Alpha1 to provide us with a valid credit card or some other reasonable assurance of payment (the latter to be determined by Alpha1 at its sole discretion). However, if you do not provide Alpha1 with valid billing information or other assurance of payment before your domain name registration expires, your domain name registration will not be renewed. You may renew your domain name at any time before its expiration by contacting Alpha1.
G. 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 Alpha1 may modify this Agreement, as well as any additional rules or policies that are or may be published by Alpha1, as necessary to comply with any ICANN-accepted policy, or with any other agreements that Alpha1 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 Alpha1 shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Alpha1, 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 our 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 Alpha1.
H. Use of Information
You hereby acknowledge and agree that, in connection with your use of certain of Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information that we may request from you in connection with domain name registration, administration, and renewal services is voluntary.
The information you are obligated to provide and keep current in connection with your use of Alpha1's domain name registration, administration, and renewal services is 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, technical contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, 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.
I. Additional Information Maintained
In addition to the information you provide (the "User Information"), Alpha1 may maintain records relating to any domain name application received by Alpha1, as well as any domain name registered through, administered, or renewed by Alpha1. We also maintain records relating to the Alpha1 Services that we provide to you. These records may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal application to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; (iv) records of your account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between you and us regarding your use of the Alpha1 Services (collectively, "Other Information"). To process your registration or renewal application, Alpha1 may provide the User Information and the Other Information to its registrar.
H. Use of Information
You hereby acknowledge and agree that, in connection with your use of certain of Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information that we may request from you in connection with domain name registration, administration, and renewal services is voluntary.
The information you are obligated to provide and keep current in connection with your use of Alpha1's domain name registration, administration, and renewal services is 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, technical contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, 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.
I. Additional Information Maintained
In addition to the information you provide (the "User Information"), Alpha1 may maintain records relating to any domain name application received by Alpha1, as well as any domain name registered through, administered, or renewed by Alpha1. We also maintain records relating to the Alpha1 Services that we provide to you. These records may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal application to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; (iv) records of your account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between you and us regarding your use of the Alpha1 Services (collectively, "Other Information"). To process your registration or renewal application, Alpha1 may provide the User Information and the Other Information to its registrar.
J. Obligations Relating to the Information You Provide
In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) 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 Alpha1 concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
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 any Alpha1 Services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. You further acknowledge that Alpha1’s registrar may use certain of the information provided by Alpha1 regarding your domain name registration or renewal application in a manner consistent with our registrar’s terms of usage and user agreement. Alpha1 will only provide its registrar with that information necessary to process your 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 Alpha1.
Alpha1 will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations that we describe in this Agreement.
L. Communications
Communications with Alpha1 are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Alpha1.
M. Ownership of Data
You acknowledge and agree that Alpha1 owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Alpha1 a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set forth in Section N of this Agreement) the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Alpha1 Services. Alpha1 does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section M.
N. Agents and Licenses
You agree that, if you are using the Alpha1 Services 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 the Alpha1 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 technical, 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 shall 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.
O. System Performance Degradation
Alpha1’s delivery of the Alpha1 Services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, Alpha1’s computer system or its registrar’s computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of Alpha1’s or its registrar’s system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, Alpha1 reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. Alpha1 will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Alpha1 further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
P. Limitation of Liability
YOU AGREE THAT Alpha1 WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND Alpha1’S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. Alpha1 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 Alpha1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Alpha1'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE Alpha1 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, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Q. Indemnification
You agree to defend, indemnify and hold harmless Alpha1 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 Alpha1 Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
R. Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME YOU HAVE APPLIED FOR NOR THE MANNER IN WHICH IT IS INTENDED TO BE OR IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE Alpha1 SERVICES IS ACCURATE AND CURRENT. THE Alpha1 SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE Alpha1 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, Alpha1 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 SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
S. Suspension, Cancellation, Transfer or Modification
You acknowledge and agree that Alpha1 may suspend, cancel, transfer or modify your use of the Alpha1 Services at any time, for any reason, in Alpha1’s sole discretion. You also acknowledge and agree that Alpha1 may suspend, cancel, transfer or modify your domain name registration if (a) 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 Alpha1, (b) 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 (c) 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 or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that Alpha1 shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as Alpha1 receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
T. Jurisdiction
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement is governed as stated in Section 12. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where Alpha1’s headquarters are located, currently San Antonio, Texas.
U. Notices
You agree that, unless other instructions are posted on Alpha1’s Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Alpha1 posted on Alpha1’s Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
V. Location of Service
You agree and acknowledge that any acceptance of your application for the Alpha1 Services and the performance thereof will occur at our offices in San Antonio, Texas, the location of our principal place of business.
W. No Waiver
The failure of Alpha1 to require your performance of any provision hereof shall not affect its right to require such performance at any time thereafter; nor shall the waiver by Alpha1 of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Effective 5/14/2002
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