AlpineWeb: Shared Hosting Service Terms and Conditions

SHARED HOSTING TERMS AND CONDITIONS

(Basic Web Hosting and Signature Hosting)

Server Set-Up and Updating. AlpineWeb will initially configure the Web server and the hosting account for use. After the hosting account is configured, Customer will be solely responsible for all account content management.
Maintenance Services. AlpineWeb will perform maintenance services as AlpineWeb determines reasonably necessary to maintain the continuous operation of the hosting account. Customer acknowledges on behalf of itself and its customers that such maintenance may require Web server and hosting account downtime. AlpineWeb will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond AlpineWeb's control limit AlpineWeb's ability to do so.
Account Usage. Customer shall not, and shall ensure (via its agreement with its customers) that its customers do not use:
1. excessive amounts of CPU processing on any of AlpineWeb's Web servers or
2. bandwidth or disk usage in excess of the number of megabytes per month ordered by Customer or its customer (or by Customer on behalf of its customer), as applicable. Customer acknowledges on behalf of itself and its customers that any violation of this policy may result in corrective action by AlpineWeb, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services to Customer or its non-compliant customer(s). In the event that AlpineWeb elects to take any corrective action, neither Customer nor its customer(s) shall be entitled to a refund of any fees paid in advance prior to such corrective action.
Web Site. Customer shall, and shall obligate its customers (via its agreement with its customers) to, be solely responsible for:
1. the development, operation, and maintenance of Customer's or its customer's, as applicable, Web site and products and all content and materials appearing online or on Customer'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 Customer's or its customer's products, as applicable,
  2. ensuring that the content and materials appearing within the Web site or related to Customer'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 Customer'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 Customer or its customer, as applicable, may access as a result of conducting electronic commerce transactions through the Web server software.
IP Address Ownership. AlpineWeb shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer or its customers by AlpineWeb and AlpineWeb reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Caching.
Customer's agreement with its customers' shall contain an express
1. grant by each customer, to AlpineWeb (directly or indirectly through Customer) of a license to cache the entirety of customer's Web site (including content supplied by third parties) hosted by AlpineWeb under its agreement with Customer and
2. agreement that such caching is not infringement of any of Customer's customers' intellectual property rights or any third party's intellectual property rights.
Billing.
1. All new Customers are required to
  1. submit a signed copy of the Customer Agreement
  2. provide an electronic signature to these Applicable Resell Service Terms and Conditions (Shared Hosting). In addition, if Customer is paying for AlpineWeb services with a credit card, Customer 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 Customers. Requests for new services from new Customers can be configured within one (1) business day following receipt of the aforementioned signed contracts and required prepayment amounts.
2. The Customer agrees to pay AlpineWeb a monthly Service Fee for the services AlpineWeb provides based upon the current Price Schedule. The Service Fee is billed to Customer 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. Customer's first month of service will be prorated according to the number of days Customer had an active account during the first month. The Service Fee is subject to adjustment, with notice, according to the current Price Schedule.
3. Payment for services can be made by International Money Orders, Money Orders, wire transfers and business or personal checks sent directly to the AlpineWeb office or through PayPal.com set forth on the invoice. If the Customer is paying with money order, check, PayPal.com, etc.), payment should be received at the AlpineWeb office set forth on the invoice by the 20th of the month. All payments should be posted in United States dollars. A $25.00 service charge will be applied for all returned checks.
4. 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, Customers are notified (based on provided contact information) and given a predetermined amount of time to pay any outstanding balances before accounts are disabled. Each time an account is disabled by AlpineWeb's service staff, Customer 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.
5. Delinquent accounts may be forwarded to an outside collection agency at any time. If Customer's account is forwarded to an outside collection agency for further pursuit of an outstanding balance, Customer may be assessed a $10.00 late payment fee. Any questions relating to billing or past due issues may be directed to AlpineWeb's service staff.
6. Customer is responsible for collecting payments from its customers. Customer is also obligated to pay directly to AlpineWeb the full amount of Customer's monthly bill. If Customer's customer is delinquent with payment to Customer, Customer may request a customer account be disabled until payment is received, but Customer 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 Customer 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.
7. Account reconciliations will still be allowed for up to 60 days after the original date of the invoice in question. As such, Customer 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) Customer discovers a bona-fide error on the part of AlpineWeb and notifies AlpineWeb of this error, such error can then be corrected. However, if Customer is responsible for the error (i.e., a typo in the domain name), Customer 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 reserves the right to issue or not issue adjustments for any invoices disputed during or after the 60-day time period.
8. If Customer orders AlpineWeb monthly recurring services after the first day of the month, AlpineWeb 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 service).
9. Requests for modifications to an account, or anything that requires a charge or invoice, must be made either via the Customer Backroom, or requested from AlpineWeb service staff.
10. All Customers are responsible for backing up their own files separately. AlpineWeb will provide three levels of backup, the first two on disk, and the third on tape. Should Customer 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.
Support.
1. Customers are the first line of support for their customers. AlpineWeb Support Staff is always available to our Customers, but AlpineWeb support staff cannot work directly with the customers of our Customers.
2. AlpineWeb support staff is largely responsible for supporting the Customers (and, indirectly, their customers) by isolating specific problems that may be encountered while using our Servers. However, AlpineWeb 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 Customer's or its customers' specific requirements.
3. AlpineWeb 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 support staff will not offer technical support for third-party vendor products that are not documented on AlpineWeb's Web site. If Customer 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's Servers, Customer must refer its questions to the vendor of the affected program.