This Web Hosting Agreement (this “Agreement”) is between Hosting alphamasterhost.com, a web hosting provider,  and the person (individual or legal person) whose signs Hosting alphamasterhost.com’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Hosting alphamasterhost.com’s Web hosting service. Hosting alphamasterhost.com reserves the right to amend or change these Rules and Regulations at any time and without prior notice.

Table of Contents

   1. Services
   2. Term
   3. Payments
   4. Fees, Fee Increases, Taxes, Client Cancellations, Early Termination, Refunds, Reinstatement fees, Fraudulent Chargebacks
   5. Law/AUP
   6. Customer Information
   7. Indemnification
   8. Disclaimer of Warranties
   9. Limitation of Damages
  10. Suspension of Services/Termination
  11. - Suspension, Termination
  12. Guarantee Uptime
  13. Request for Customer Information
  14. Changes to Hosting alphamasterhost.com’s Network
  15. Notices
  16. Force Majeure
  17. Governing Law/Disputes
  18. Miscellaneous

1. Services

 Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Hosting alphamasterhost.com’s credit approval requirements, Hosting alphamasterhost.com agrees to provide the web hosting services described in the Order for the fees stated in the Order. Furthermore Hosting alphamasterhost.com reserves the right to refuse service to any past, present or future client at our sole discretion.

2. Term

 The initial service term of the Agreement shall begin on the date that Hosting alphamasterhost.com generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Hosting alphamasterhost.com or Customer provides the other with written notice of non-renewal at least seven (7) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable unless a violation has occurred at which time Hosting alphamasterhost.com has the right to terminate any agreement at their sole discretion. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

3. Payments

(a) Fees. Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or quarterly as indicated on the Order, beginning on the Service Commencement Date. Hosting alphamasterhost.com may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Hosting alphamasterhost.com to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Hosting alphamasterhost.com will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle. Payments must be made in United States dollars. Customer is responsible for providing Hosting alphamasterhost.com with changes to billing information (such as credit card expiration, change in billing address). Hosting alphamasterhost.com may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Hosting alphamasterhost.com’s reasonable reinstatement fee ($15.00) following a suspension of service for non-payment that exceed 24 hours, and to pay Hosting alphamasterhost.com’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases. Hosting alphamasterhost.com may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

(c) Taxes. At Hosting alphamasterhost.com’s request Customer shall remit to Hosting alphamasterhost.com all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on (Hosting alphamasterhost.com), regardless of whether Hosting alphamasterhost.com fails to collect the tax at the time the related services are provided.

(d) Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Hosting alphamasterhost.com terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Hosting alphamasterhost.com’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

(d.a) Cancellations. All clients wishing to cancel their hosting services with Hosting alphamasterhost.com must submit a Cancellation Request to our billing team, by creating a ticket. To avoid not being charged for any future services all Cancellation Request must be submitted 7 days prior to your billing renewal cycle date. During the Cancellation Request your username and password associated with your account login for your control panel access is required for ownership verification. Without this information no Cancellation Request will be processed. Any account which has not properly submitted a Cancellation Request any not be eligible for any refund for past or present services.

(e) Refunds. We offer a 30-day money back guarantee on all shared hosting packages and a 15-day money back guarantee on all reseller hosting packages. If, at any time within the 30 days after your initial account setup, you feel that you are unsatisfied with Hosting alphamasterhost.com and it’s services, you can cancel your hosting account and we will refund your money. Refunds are processed in the same manner payment was made and may take up to 5-10 business days to complete. If for some reason your account was terminated for violating our Acceptable Usage Policy or and Terms & Conditions, no refund is given. Refunds are not given on domain registrations, SSL Certificates and/or unique IP orders. Reviews posted regarding our company on other websites are for active clients. Refunds are voided if client is pending cancellation and post a review towards their experience with Hosting alphamasterhost.com. Hosting alphamasterhost.com money back guarantee policy applies to

first time clients and is subject to approval for any returning clients.
(a) On all early cancellations, refunds will be given on a prorated Monthly basis as follows: You will be charged the monthly fee according to your package. For example: Joe Smith has a Business yearly package and cancels after 6 months. Joe Smith will be charged $19.95 X 6 = $119.70 his refund is $85.30 the difference of $205.00 - $119.70 = $85.30. (b) All cancellations are based on Month to Month only. For example: Joe Smith cancels after 3 weeks on a 3 Month Basic package. Joe Smiths’ refund is given for 2 months. No refund is given for the current month as refunds are on a prorated Monthly basis not Weekly basis.

(f) Reinstatement fees. You will incur a $15.00 charge when the following happens: 2 days prior to your account being charged you will be sent a reminder/notification stating your account will be charged in 2 days for x amount of dollars. We will then attempt to charge your card that day. If your card is declined we will send you a reminder and a payable invoice. This invoice can be paid at anytime. On the day before your account is due we will attempt to charge your credit card again. If your credit card is declined again we will send you another e-mail and a payable invoice. On the day your account is due we will attempt to charge your credit card again and if declined we will send you an e-mail and a payable invoice.
If your account is not paid and/or your credit card is declined the following day (1 day past due) your account is placed on suspension mode. You will be required to pay a re-activation fee of $20 if your account remains suspended for more than 24 hours. This activation fee must be paid before your account is re-activated regardless if you pay your invoice.

If your account remains in the suspended mode for more than 7 days we will remove your account (including all files) from our servers. Hosting alphamasterhost.com is not responsible for the lose of clients files as described in section 12 (Back up Copy).

(g) Fraudulent Chargebacks. Hosting alphamasterhost.com takes fraudulent chargebacks very seriously. Should you fraudulently charge back your credit card we will automatically charge you a $50 processing fee plus the maximum amount of damages allowed by law. Furthermore, we will dispute the chargeback with supporting documentation and report the fraudulent chargeback to law enforcement authorities and related financial agencies.

Should we be unable to collect this fee we may report your account to a collection agency (damaging your credit) to collect it for us.

Customers who prematurely issue a chargeback for order cancellation, refund, etc. without working through us are also liable for chargeback fees. Failure to reverse a premature chargeback will result in us turning the account over to collections including a $50 chargeback fee and applicable collection fees and fines as allowed by law.

A chargeback should be the last line of customer protection used in obviously fraudulent situations. Quickly posting a chargeback or threatening to post a chargeback against us for situations out of our control - could be a costly decision if used frivolously - and because of our business ethics and customer care programs - should never be necessary. Always work with us on issues - we are more than happy to help as possible.

4. Law/AUP

Customer agrees to use the service in compliance with applicable law and Hosting alphamasterhost.com’s Acceptable Use Policy posted at http://www.hostingevolved.org/aup.html (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Hosting alphamasterhost.com may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Hosting alphamasterhost.com’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Hosting alphamasterhost.com’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Hosting alphamasterhost.com and Customer regarding the interpretation of the AUP, Hosting alphamasterhost.com’s commercially reasonable interpretation of the AUP shall govern.

5. Customer Information

Customer represents and warrants to Hosting alphamasterhost.com that the information he, she or it has provided and will provide to Hosting alphamasterhost.com for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Hosting alphamasterhost.com that he or she is at least 18 years of age. Hosting alphamasterhost.com may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification

Customer agrees to indemnify and hold harmless Hosting alphamasterhost.com , Hosting alphamasterhost.com’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties

Hosting alphamasterhost.com DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Hosting alphamasterhost.com DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

8. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Hosting alphamasterhost.com AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension/Termination

(a) Suspension. Customer agrees that Hosting alphamasterhost.com may suspend services to Customer without notice and without liability if: (i) Hosting alphamasterhost.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Hosting alphamasterhost.com reasonably believes that the suspension of service is necessary to protect its network or its other customers; (iv) to investigate an abuse report, or (v) as requested by a law enforcement or regulatory agency. Customer shall pay Hosting alphamasterhost.com’s reasonable reinstatement fee if service is reinstated following a suspension of service under this subsection.

(b) Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Hosting alphamasterhost.com fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within seven (7) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Hosting alphamasterhost.com prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon seven (7) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within one (1) day of a written notice from Hosting alphamasterhost.com describing the violation in reasonable detail; (iii) upon one (1) day notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon seven (7) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Guarantee Uptime

The target up-time for primary services is 99% each month. The service level guarantee will be measured by Hosting alphamasterhost.com and is based on the up-time. If Hosting alphamasterhost.com determines that primary services were unavailable for period exceeding the maximum allowable under the prescribed up-time target, and extending for a continuous duration of 1 hour or more per instance, upon the customers request, Hosting alphamasterhost.com will credit the customers monthly invoice the prorated charges of one (1) day of the Hosting alphamasterhost.com services fee for each consecutive hour, up to a maximum of 7 days per month. The 99% uptime guarantee is applicable to all network services delivered to customers via a single independent network drop. Customer generated outages created by failed equipment, exploited servers, misconfigurations or traffic in excess of the maximum allowed by contract are not subject to the SLA. Service credits are based directly on all equipment and/or services affected by a network outage. Services or hardware not related to the network outage will not qualify for a service credit. To receive credit if this guarantee has not been met, the customer must contact our billing department within 15 days of the end of the month for which credit is requested.

11. Requests for Customer Information

Customer agrees that Hosting alphamasterhost.com may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Hosting alphamasterhost.com believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

12. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Hosting alphamasterhost.com notwithstanding any agreement by Hosting alphamasterhost.com to provide back up services. Hosting alphamasterhost.com is not held responsible for any data lose due to negligence which resulted from clients actions.

13. Changes to Hosting alphamasterhost.com’s Network

Upgrades and other changes in Hosting alphamasterhost.com’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Hosting alphamasterhost.com reserves the right to change its network in its commercially reasonable discretion, and Hosting alphamasterhost.com shall not be liable for any resulting harm to Customer.

14. Notices

Notices to Hosting alphamasterhost.com under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.hostingevolved.org/contact.html. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

15. Force Majeure

Hosting alphamasterhost.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Hosting alphamasterhost.com’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

16. Governing Law/Disputes

The Agreement shall be governed by the laws of the State of New Jersey, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN CAMDEN COUNTY, NEW JERSEY, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

17. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Hosting alphamasterhost.com unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Hosting alphamasterhost.com’s prior written consent. Hosting alphamasterhost.com’s approval for assignment is contingent on the assignee meeting Hosting alphamasterhost.com’s credit approval criteria. Hosting alphamasterhost.com may assign the Agreement in whole or in part.

This Agreement together with the Privacy Policy and AUP constitutes the complete and exclusive agreement between the parties regarding.