>3. Payment: Establishment
of this service is dependent upon receipt by the Company of payment of
stated charges. Subsequent payments are due on the anniversary date of
the month for that month's service. All accounts and services provided
by Also Networks are subject to the current tax rate as imposed by the
City of New York, State of New York which is currently 8.25%. 80% of
the monthly service charge is subject to the 8.25% tax rate, while the
remaining 20% of the monthly service charge is not taxed. 100% of the
setup fee is subject to the 8.25% tax rate. The above applies to all
accounts and services provided by Also Networks.
4. Payments and Fees:
To avoid interruptions in service and as a convenience to our customers,
Also Networks automatically charges the credit card on file for the amount
due. This charge takes place on or after the appropriate billing date.
If no credit card is on file, Also Networks will send an invoice to the
email address used when signing up. It is the customer's responsibility
to pay this invoice within 10 days of receipt of the invoice. Invoices
are sent by email only. Only semi-annual and annual billing plans are
allowed to be invoiced; monthly and quarterly plans must leave a credit
card on file.
Credit cards that are declined for any reason are subject to a $1.00
declination fee. Service will be interrupted on accounts that reach 10
days past due. Service interrupted for nonpayment is subject to a $20
reconnect charge. Accounts not paid by due date are subject to a $7.95
late fee. Accounts that are not collectable by Also Networks may be
turned over to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than $50 nor more than
$150. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
5. Refund and Disputes:
All payments to Also Networks are nonrefundable. This includes the one
time setup fee and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 60 days of the
time the dispute occurred. If you dispute a charge to your credit card
issuer that, in The Company’s sole discretion is a valid charge under
the provisions of the TOS and /or AUP, you agree to pay Also Networks
an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of Subscriber to pay charges
when due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
7. Account Cancellation: Requests
for canceling accounts may be made in writing with at least 30 days
notice but not more than 60 days prior written notice and sent to:
Also Networks - Attn: Cancellations 2412 Oceancrest Blvd Far
Rockaway, NY 11691
Or you may email cancellations@alsonetworks.com and request that
your account be cancelled. All account information must be included in
the cancellation request.
8. Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted for many
reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be liable for
any damages arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed
an amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new web hosting accounts involving new
domains will be set up and entered into our DNS servers within 3 to 5
business days. Due to unforeseen complications, however, this process
may sometimes require up to 7 business days. If the new domain is
registered by the account holder, there will be no handling fee. If
the domain is registered by Also Networks on behalf of the account
holder a handling fee will be incurred.
10. Transfer of Domains: New
web hosting accounts which involve the transfer of a domain from
another provider to Also Networks will require a minimum of seven (7)
days to be set up and entered into our DNS servers. In some cases,
such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are made
regarding the amount of time a specific transfer may take. If the
transfer of the domain is done by Also Networks on behalf of the
account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason, all charges
are considered earned.
11. Support Boundaries: Also Networks provides
24 x 7 technical support to our subscribers (except for few holidays
when we close our office). We limit our technical support to our area
of expertise. The following is our guidelines when providing support:
Also Networks provides support related to your web site’s physical
functioning. Also Networks does not offer tech support for application
specific issues such as CGI programming, HTML or any other such issue.
If you can email, we encourage you to email support@alsonetworks.com
for assistance. If you are able to get online and have other
questions, the answers may be on our support pages accessible via our
home page - we encourage you to check there first. Lastly, the Help
files in the program you are using may have the answer to your
question so please do investigate these resources.
12. SPAM and Unsolicited Commercial Email (UCE): Also Networks takes a zero
tolerance approach to the sending of Unsolicited Commercial Email (UCE)
or SPAM over our network. Very simply this means that customers of
Also Networks may not use or permit others to use our network to
transact in UCE. Resellers, webmasters and web site owners of Also
Networks may not host, or permit hosting of, sites or information that
is advertised by UCE from other networks. Violations of this policy
carry severe penalties, including termination of service.
a. Violation of Also Network's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, Also Networks
will initiate an immediate investigation (within 48 hours of
notification). During the investigation, Also Networks may restrict
customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Also Networks
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, Also Networks reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. Also Networks will notify law
enforcement officials if the violation is believed to be a criminal
offense.
b. First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination of your
account. Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees" not to
exceed $175 per hour that Also Networks personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Resellers are ultimately responsible for the actions of their
clients Also Networks servers, it is advisable that Resellers develop
a similar, or stricter, policy for their clients.
IMPORTANT: Anyone hosting websites or services on their server that
support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their website immediately
removed from our servers. Severe violations may result in immediate and
permanent removal of all sites for that customer from our servers without
notice to the customer. Any customer guilty of a second violation WILL be
immediately and permanently removed from our servers without notice.
13. Network
a. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed Usage").
Also Networks will monitor Customer's bandwidth and disk usage. Also
Networks shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in The Company's sole and
absolute discretion. If Also Networks takes any corrective action
under this section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action. In the event that a
customer exceeds the included allocation, Also Networks may, at its
sole discretion, collect a deposit, in an amount determined by Also
Networks, against customer's credit card on file with Also Networks.
b. System and Network Security: Users are prohibited from violating or
attempting to violate the security of the Also Networks servers.
Violations of system or network security may result in civil or
criminal liability. Also Networks will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
i. Accessing
data not intended for such User or logging into a server or account,
which such User is not authorized to access.
ii. Attempting to probe,
scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization.
iii.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or
any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is
not entitled.
14. Notification of Violation:
a. Also Networks is under no duty to
look at each customer's or user's activities to determine if a
violation of the AUP has occurred, nor do we assume any responsibility
through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Also Networks determines to have
violated any element of this Acceptable Use Policy, shall receive an
email, warning them of the violation. The service may be subject at
The Company's discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations.
c. Second Violation: Users that Also Networks determines to have
committed a second violation of any element of this Acceptable Use
Policy shall be subject to immediate suspension or termination of
service without further notice. d. We reserve the right, to drop the
web sites or accounts involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is causing great harm to
parties on the Internet. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact you
as soon as is feasible.
15. Suspension of Service or Cancellation: Also Networks reserves
the right to suspend network access to any customer if in the judgment
of the Also Networks network administrators the customer's web site is
the source or target of the violation of any of the other terms of the
AUP or for any other reason which Also Networks chooses. If
inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. The customer
will not be credited for the time the customer's machines were
suspended.
16. Also Networks reserves the right to amend its policies
at any time. All resellers and webmasters of Also Networks must adhere
to the above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held responsible for
the actions of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called
Acceptable Terms of use policy.
17. Indemnification: Also Networks
wishes to emphasize that in agreeing to the Also Networks Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Also
Networks for any violation of the Acceptable Use Policy (AUP) and
Terms of Service (ToS) that results in loss to Also Networks or the
bringing of any claim against Also Networks by any third-party. This
means that if Also Networks is sued because of a customer's or a
customer of a customer's activity, the customer will pay any damages
awarded against Also Networks, plus all costs and attorney's fees. 18.
Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
a. A waiver by the Company of
any breach of any provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or subsequent waiver
thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the
prior written consent of the Company. Company may assign Agreement at
anytime without consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at anytime
without further obligation.
c. Also Networks takes no responsibility
for any material input by others and not posted to the Also Networks
servers by Also Networks. Also Networks is not responsible for the
content of any other websites linked to the Also Networks servers and
websites; links are provided as Internet navigation tools only. Also
Networks disclaims any responsibility for any such inappropriate use
and any liability to any person or party for any other person or
party's violation of this policy.
d. Also Networks is not responsible for any damages your business may suffer.
Also Networks does not make
implied or written warranties for any of our services. Also Networks
denies any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by Also
Networks.
e. It is absolutely forbidden to host pornographic content
or IRC servers on Also Networks websites. Accounts found hosting this
material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as The Company's customer, are solely
responsible for the content stored on and served by your Also Networks
website.
