Last updated May 05, 2013
The most current version of our Terms of Service can always be found at
http://www.AlphaNine.com/?tou. This document may change from time to time. Changes go
into effect and are applied to all customers from the time that they are posted to the above URL.
AlphaNine Datacomm provides internet web hosting and associated services and maintains dedicated server
computers, other equipment and software which is integrated with the internet. These servers send and
receive data and information in relationship to the internet. Customers wish to utilize the hardware and
software resources of AlphaNine Datacomm to establish an internet web presence using AlphaNine Datacomm’s
web hosting services and network.
The Customer’s application and this Agreement constitute a legal and binding contract between
AlphaNine Datacomm and the Customer and does not extend to any other person or entity.
With respect to the services to be provided herein, the Customer acknowledges that AlphaNine Datacomm
makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that
AlphaNine Datacomm shall not be liable to the Customer for any claims, damages, or loss of profit which may
be suffered by the Customer or any other entity in any respect for direct, indirect, consequential,
actual, or punitive damages arising out of, or in relation to, the services provided herein, including,
but not limited to, losses or damages resulting from the loss of data as the result of delays,
non-deliveries, or service interruptions.
The utilization of any data or information received by the Customer from the utilization of the
service to be provided by AlphaNine Datacomm is at the Customer’s sole and absolute risk. AlphaNine
Datacomm specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of
information obtained through the services to be provided hereby.
Payment is due according to the selected fee schedule following the
establishment of the hosting service on the internet. Web space and services will automatically be billed
one (1) month in advance according on the selected fee schedule associated with the web hosting plan. In the event that the Customer fails to pay for such services in
advance, AlphaNine Datacomm shall be entitled to suspend the Customer’s service without notice until
payment is made. If the account is delinquent for another billing cycle, then it will be deactived, which
will result in all files and email being deleted from the server.
A $25.00USD service fee will apply to each credit card chargeback (multiple chargebacks will each be
billed $25.00USD each). If a customer initiates a chargeback, then their account will be immediately
suspended and the suspension will only be removed once the chargeback is reversed by the customer or the
charges paid in full, including any chargeback fees.
The customer will continue to be billed until the customer cancels their hosting account by filling
out our Account Cancellation Form. AlphaNine
Datacomm will not deactivate hosting for a domain without a completed cancellation form. The customer is
liable for all services rendered and billed up until the time that the account is canceled. Hosting
charges are not pro-rated when an account is canceled. As long as the cancellation form is completed
prior to the first of the next month, the customer will not be billed beyond the current month. Please
refer to our Account Cancellation Form for
additional information related to domain hosting deactivation.
Please see our Acceptable Use Policy (AUP)
Unilateral Service Revocation
In the event that AlphaNine Datacomm may at any time believe that the service is being utilized for
unlawful purposes by the Customer or in contravention with the terms and provisions herewith, AlphaNine
Datacomm may immediately discontinue such service to the Customer without liability. This will include
failure to pay, illegal activities and/or unsolicited email.
The Customer shall indemnify and hold harmless AlphaNine Datacomm from any and all loss, cost, expense,
and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments,
costs and expenses that may be initiated against AlphaNine Datacom and AlphaNine Datacomm’s officers,
directors, and employees for any service provided to Customer by AlphaNine Datacomm to include web space
content that violates any copyright, proprietary right of any person, state
and federal regulations, or contains any matter that is libelous or scandalous.
Changes in Terms of Agreement
AlphaNine Datacomm reserves the right to make changes to the terms and conditions of this Agreement at any
time to include service pricing, advising of the change and the effective date thereof, but with changes
in service fees being effective only at the end of any period for which the Customer has paid.
Utilization of the service by the Customer following the effective date of such change shall constitute
acceptance by the Customer of such change(s).
Entire Agreement and Understanding
This document and services constitute the entire Agreement between the parties, and represents the
complete and entire understanding of the parties with respect to the subject matter of this
The parties here to are independent entities and nothing contained in this Agreement shall be
construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or
any other similar entity.
This Agreement shall be governed by the laws the United States of America. If any action at law or in
equity is brought to enforce or interpret the provisions of this Agreement and services provided herein,
the prevailing party in such action shall be entitled to all reasonable costs to include attorney
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction
to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of
this Agreement shall remain in full force and effect.
Customer acknowledges that any information not generally known by, or disclosed to the public, to
include but not be limited to computer programs, source code, algorithms and inventions are the property
of AlphaNine Datacomm and may not be utilized or released without the express written permission of AlphaNine
The format, words and phrases used herein shall have the meaning generally understood in the
telecommunications/software/internet industries. This Agreement shall be construed in accordance with its
fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of
the covenants and agreements contained herein, do hereby execute this instrument, with each party
warranting their ability to enter into this Agreement for the person or entity herein named as a party
hereto. By placing an order telephonically, in writing and/or electronically.