Managed Private Server - Terms and Conditions
  1. General. A "Managed Private Server" consists of the server space and software services provided to Client or its customer, including but not limited to the HTTP service, FTP service, SMTP service, POP service, and add-ons.
  2. Physical Server Set-Up and Updating. AlpineWeb Design will initially configure the Managed Private Server for use. After the Managed Private Server is configured, Client's customer will be solely responsible for all Managed Private Server content and the management thereof, including any backup.
  3. Maintenance Services. AlpineWeb Design will perform maintenance services as AlpineWeb Design determines reasonably necessary to maintain the continuous operation of the Managed Private Server. Client acknowledges on behalf of itself and its customers that such maintenance may require Managed Private Server downtime. AlpineWeb Design will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond AlpineWeb Design's control limit AlpineWeb Design's ability to do so.
  4. Account Usage. Client shall not, and shall ensure (via its agreement with its customers) that its customers do not, use:
    1. excessive amounts of CPU processing on the Managed Private Server or;
    2. bandwidth or disk usage in excess of the number of megabytes per month ordered by Client or its customer (or by Client on behalf of its customer), as applicable. Client acknowledges on behalf of itself and its customers that any violation of this policy may result in corrective action by AlpineWeb Design, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services. In the event that AlpineWeb Design elects to take any corrective action, neither Client nor its customer(s) shall be entitled to a refund of any fees paid in advance prior to such corrective action.
  5. Web Site. Client shall, and shall obligate its customers (via its agreement with its customers) to, be solely responsible for
    1. the development, operation, and maintenance of Client's or its customer's, as applicable, Web site and products and all content and materials appearing online or on Client's or its customer's products, as applicable, including without limitation
      1. the accuracy and appropriateness of content and materials appearing within the Web site or related to Client's or its customer's products, as applicable,
      2. ensuring that the content and materials appearing within the Web site or related to Client's or its customer's products, as applicable, do not violate or infringe upon the rights of any third party,
      3. ensuring that the content and materials appearing within the Web site or related to Client's or its customer's products, as applicable, are not libelous or otherwise illegal;
    2. the final calculation and application of shipping and sales tax;
    3. accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom; and
    4. the security of any customer credit card numbers and related customer information Client or its customer, as applicable, may access as a result of conducting electronic commerce transactions through the Web server software.
  6. IP Address Ownership. AlpineWeb Design shall maintain and control ownership of all IP numbers and addresses that may be assigned to Client or its customers by AlpineWeb Design and AlpineWeb Design reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
  7. Caching. Client's agreement with its customers' shall contain an express
    1. grant by each customer, to AlpineWeb Design (directly or indirectly through Client) of a license to cache the entirety of customer's Web site (including content supplied by third parties) hosted by AlpineWeb Design under its agreement with Client and;
    2. agreement that such caching is not infringement of any of Client's customers' intellectual property rights or any third party's intellectual property rights.
  8. Billing.
      All new Clients are required to:
    1. submit a signed copy of the Client Agreement and;
    2. provide an electronic signature to these Applicable Resell Service Terms and Conditions (Managed Private Server). In addition, if Client is paying for AlpineWeb Design services with a credit card, Client must also sign a copy of the Billing Authorization Agreement. In addition, the initial non-refundable setup fee and first month's service fee are required as prepayment for all new orders from new Clients. Requests for new services from new Clients can be configured within one (1) business day following receipt of the aforementioned signed contracts and required prepayment amounts.
    3. The Client agrees to pay AlpineWeb Design a monthly Service Fee for the services AlpineWeb Design provides based upon the current Price Schedule. The Service Fee is billed to Client at the beginning of each month and is due no later than the 20th day of the month in which the Service Fee is billed. Client's first month of service will be prorated according to the number of days Client had an active account during the first month. The Service Fee is subject to adjustment, with notice, according to the current Price Schedule.
    4. Payment for services can be made with an American Express, MasterCard, Discover, or Visa credit card. AlpineWeb Design also accepts International Money Orders, Money Orders, wire transfers and business or personal checks sent directly to the AlpineWeb Design office set forth on the invoice. If the Client is paying with a credit card, the credit card will be charged on or around the 10th of the month. For those credit cards that are not cleared on the 10th, a second billing attempt will take place on or around the 20th. If the Client is paying with other methods (money order, check, etc.), payment should be received at the AlpineWeb Design office set forth on the invoice by the 20th of the month. All payments should be posted in United States dollars. A $15.00 service charge will be applied for all credit card disputes or changebacks and/or returned checks.
    5. Balances not paid by the 20th of the month in which the invoice is dated will be considered past due. Accounts that are past due may be disabled at our discretion. However, Clients are notified (based on provided contact information) and given a predetermined time to pay any outstanding balances before accounts are disabled. Each time an account is disabled by AlpineWeb Design's service staff, Client must pay a $25.00 service charge plus the full amount of any then outstanding balance on the account before the account will be reactivated.
    6. Delinquent accounts may be forwarded to an outside collection agency at any time. If Client's account is forwarded to an outside collection agency for further pursuit of an outstanding balance, Client may be assessed a $10.00 late payment fee. Any questions relating to billing or past due issues may be directed to AlpineWeb Design's service staff.
    7. Client is responsible for collecting payments from its customers. Client is also obligated to pay directly to AlpineWeb Design the full amount of Client's monthly bill. If Client's customer is delinquent with payment to Client, Client may request a customer account to be disabled until payment is received, but Client is still obligated to pay the full amount of its monthly bill regardless of whether one or more of its customer accounts are disabled. If Client requests termination of one of its customer accounts, the Service Fee is not prorated for the final month and the monthly fee is still applicable.
    8. Account reconciliations will still be allowed for up to 60 days after the original date of the invoice in question. As such, Client does not forfeit the right to question an invoice once it has been paid. If payment is received on time, and afterwards (within the 60-day time frame) Client discovers a bona-fide error on the part of AlpineWeb Design and notifies AlpineWeb Design of this error, such error can then be corrected. However, if Client is responsible for the error (i.e., a typo in the domain name), Client must contact our service department immediately, but in no event later than within 3 days of the error, in order to receive a credit for the error. AlpineWeb Design reserves the right to issue or not issue adjustments for any invoices disputed during or after the 60-day time period.
    9. If Client orders AlpineWeb Design monthly recurring services after the first day of the month, AlpineWeb Design will prorate the first month's service fee. Only the first month's service fees are prorated. All monthly service charges thereafter are billed for the entire month and, as referenced above, are not prorated upon cancellation (including if such cancellation is in connection with a downgrade in service to/from another AlpineWeb Design service).
    10. Daily invoices will be sent via e-mail confirming the services ordered that day.
    11. Requests for modifications to an account, or anything that requires a charge or invoice, must be made either via the Client Backroom, or requested from AlpineWeb Design service staff.
    12. All Clients are responsible for backing up their own files separately. AlpineWeb Design will provide three levels of backup, the first two on disk, and the third on tape. Should Client need to restore files from a backup found on the primary and secondary backups, there will be no charge. There is a service charge of $100.00 for each file retrieval from the tertiary backup, or the tape backup.
  9. Support.
    1. Clients are the first line of support for their customers. AlpineWeb Design Support Staff is always available to our Clients, but AlpineWeb Design support staff cannot work directly with the customers of our Clients.
    2. AlpineWeb Design support staff is largely responsible for supporting the Clients (and, indirectly, their customers) by isolating specific problems that may be encountered while using our Servers. However, AlpineWeb Design support staff cannot and will not focus large amounts of time fulfilling programming-specific CGI script requests (this includes debugging) or customizing the Server and related programs in any way for Client's or its customers' specific requirements.
    3. AlpineWeb Design support staff will troubleshoot specific programming problems that may be encountered insofar as they are related to installation and configuration in the Server environment. However, AlpineWeb Design support staff will not offer technical support for third-party vendor products that are not documented on AlpineWeb Design's Web site. If Client or its customers have a problem related to such third-party applications which is not specific to installing or running the program on one of AlpineWeb Design's Servers, Client must refer its questions to the vendor of the affected program.