You may view our Privacy Policy here. By using our services, you are also agreeing to our privacy policy.

Introduction / Acceptance of Terms:

Alloy Hosting offers you a wise variety of products and services on the following terms. By utilizing the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to examine here at any time. These terms incorporate and supersede any other terms associated with the files and applications which are available on Alloy Hosting. We reserve the right to modify and amend these terms at any time without notice. It is your responsibility to remain informed of current policies.

If you have any questions or concerns regarding our TOS, please contact us via the given options available.

Your liability for content & conduct (Abuse Policy):

You are responsible for any content that you public or transmit on or through the service.

You will not use the service to distribute, link to or request content that:

1. Is unlawful, harmful to minors, vulgar, harassing, abusive, defamatory, threatening, gratuitously violent, obscene, invasive of other's privacy or racially, ethnically or otherwise offensive.
2. Includes personally identifiable information about children.
3. Infringes someone else's intellectual property or other rights.
4. Advocates or solicits violence or other criminal conduct.
5. Violates any contract, regulation, copyright or law.
6. Promotes participation in pyramid or multi-level marketing initiatives.
7. Constitutes illegal gambling.
8. Specifically advertises pornography or any product or service that is illegal.
9. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware, or telecommunications equipment.
10. Executes mass mailing, spam or unsolicited e-mail.

You will also obey all applicable laws and regulations regarding online conduct and content. You will not copy, distribute or commercially exploit any part of the service.

You will not install any of the following on your account (without our prior approval):

1. Any Proxy Servers / Proxy Scripts.
2. Any chat scripts.
3. CastControl or any other SHOUTcast startup scripts.
4. Any script which uses a large flat file database(s).
5. Shell, SSH, Telnet Scripts and/or any alternatives.
6. IRC Egg Drops and any related programs.
7. The Anonymizer.
8. UltimateBBS/UBBS, Ikonboard, YaBB & YaBB SE. (ALL VERSIONS)
9. any script with the name, alternative names for the same script or the same coding as formmail.pl, formmail.php and formmail.cgi.
10. Image Hosts / File sharing related sites
11. Search Engine Spiders
12. Illegal adult websites
13. Phishing sites

These scripts can cause serious performance and security risks. Any account with these scripts on will be subject to immediate suspension. Repeated offences are liable to account termination without refund.

Resellers are responsible for the conduct and content of all client sites, just as if they reseller had created the sites. Resellers must therefore ensure that client sites and domains adhere to these terms of service. Violations of the abuse policies by a reseller's client site will be considered a violation by the reseller.

Anti-spam and Bulk E-mail Policy:

Clients understands that unsolicited mass e-mailing (also called spam, unsolicited bulk e-mail, and unsolicited commercial e-mail) or the use of automated scripts to post comments or links to multiple, non-client owned blogs, forums, guestbook, Internet messengers, phones or other Internet connected media is strictly forbidden. The client agrees to pay for any fees or damage in result of the spam within their account. We reserve the right to suspend or cancel any or all accounts without notice, due to the violation of this policy.

The service you are receiving may include the ability to send and receive electronic mail. Use of your electronic mail account to send unsolicited commercial messages is prohibited. Mass electronic messages or "mail-bombing" (sending mass unsolicited mail or deliberately sending very large attachments to one recipient) are prohibited. Forging electronic mail headers (Addresses) is also strictly prohibited regardless of commercial content. Use of electronic mail to harass or intimidate other users is prohibited.

Spamming, sending unsolicited commercial e-mail messages or unsolicited bulk messaging to advertise, offer, sell or buy any goods or services for any business or individual is strictly prohibited. (This also includes opt-out e-mail's) In response to a complaint, Alloy Hosting has the discretion to determine from all of the evidence it receives whether the intended recipients were from an "opt-in" e-mail list.

Shared server accounts are also prohibited from sending solicited (e.g. opt-in) e-mail via mailing lists (or combinations of mailing lists or other programmatic methods) that include more that 250 total accounts, unless special arrangements have been made in writing with Alloy Hosting which specify the terms and conditions of such mailings. If arrangements have been made for a larger out-in mailing lists, and, in the sole opinion of Alloy Hosting these mailing lists cause server performance problems of any kind, then Alloy Hosting may, at its sole discretion, remove or demand the removal of the mailing list at any time.

Violation of the Abuse Policy:

Alloy Hosting may regularly audit server accounts for abuse, if any of the abuse policies in these terms of server are violated, you may be required as determined by us to pay a fine to Alloy Hosting for unintended and deliberate violations as compensation for damages. In addition, Alloy Hosting may take legal action in response to any acts of abuse which may result in additional financial penalties. Alloy Hosting reserves the right to transfer any content that is perceived (in the sole discretion of Alloy Hosting) to be in violation of these terms of service to the appropriate authorities for prosecution, enforcement and/or legal action.

Accurate Information:

You will submit accurate and current information on all registration forms on the server. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity or misrepresent the origin of any materials distributed through the service.

Refund Policy:

Alloy Hosting will not issue refunds for Domain Registrations. It is the client's responsibility to ensure that domain name registration orders are correct prior to the purchase. Shared Hosting, Reseller Plans are eligible for refunds, but only at Alloy Hosting discretion or under the 7 day money back guarantee. Refunds are usually done by giving the client Credit to order another service with Alloy Hosting, but sometimes refunds are done through the method of payment used. All fee's to do with setup, handling, transaction or modification fees are taken out of the refundable amount. All other services which Alloy Hosting provide are not refundable. Refunds are only made in the case that the custom is dissatisfied with services. Refunds will be processed within 30 days of approval.

If you are found to be within breach of this TOS, you are not eligible to receive a refund under our guarantee. You are also not eligible for our guarantee if you have been accepted under special terms by one of our staff members for sites we usually do not allow.

 

Links to other websites:

We or third party providers of content may make available links to other Internet websites or resources. We do not manage these sites and resources, do not endorse them and are not responsible for their content, availability or delivery of services.

Refusal of Service:

We reserve the right to refuse or cancel any service at our sole discretion. All clients are expected to pay their invoices promptly. Accounts that are past due for 3 days will be subject to a temporary deactivation (suspension) of their service. Accounts past the due in excess of  7 days will be cancelled (terminated).

Server Abuse & CPU Usage:

Any attempts to undermine or cause harm to a server is strictly prohibited and will result in account suspension or termination without a refund.

Accounts that exceed 25% of the CPU and Memory usage for a period of 3 minutes may be subject to a temporary suspension. Continual abuse may result in termination of the service, or the requirement of purchasing a higher plan or solution.

If an account causes excessive server loading due to CPU and/or memory utilization on the server, and this load is deemed by technical support staff to be at risk of crashing the server, the account may be temporarily suspended or have the specific scripts disabled/removed in order to prevent and/or stop the excessive load. This action may be taken without notice to the customer.

Bandwidth Overages:

You are allocated a set monthly bandwidth allowance. This allowance varies depending on the service you have purchased. Should you go over your limit you must contact sales and arrange for this to be increased This is subject to additional a additional charge which is stated on our website. If you go over this limit, a bandwidth exceeded message will be shown. This message will be removed at the start of your new month, or upon upgrading your plan.

Data Storage & Backups:

Clients must be aware that it is their responsibility to frequently backup any information that they host on our servers. We are not responsible for any files, scripts, coding or data that may be lost, corrupted or abused in a server-related issue. Alloy Hosting is not responsible for recovering any damaged or lost files, regardless of the plan and options purchased. Clients are responsible for making back-up files in connection with their use of the services they have purchased. The client is solely responsible for independent backup and safekeeping of any client data stored on Alloy Hosting resources.

Support:

You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, e-mail or other messages, meta tags, domain names, software and text. Your website content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Shared Hosting services.

Alloy Hosting is not responsible for correcting system software and/or server faults caused by your website or software installations (including, but not limited to, incompatible upgrades), buy may offer to correct these faults at current labour rates.

Payment:

Full payment is required in advance before hosting service is established. You grant Alloy Hosting the right to debit your account you provided on the order form for the services you signed up for on a recurring basis until such service is cancelled by you in writing by using the submitting a ticket to us, or using the cancellation link in your client area.. If payment is not received by the renewal date, your account may be terminated. We usually allow 3 days after the due date before suspension, and 7 days before termination; However, we do reserve the right to terminate immediately if payment has not been made.

Renewals: Your account will be automatically renewed under the same time and fee structure unless you have cancelled your account, or notified us of any cancellation. Also note, you are responsible for all subscriptions to our service, and it is solely your responsibility to cancel and/or update the subscription. Please note that subscription payments will not be refunded for cancelled, suspended or terminated services. However, if the services are active, then the payment will be applied as credit.

Any chargebacks will result in an additional fee of $35 for administration costs. This fee will be added onto your account balance. A charge back will result in immediate suspension and/or termination of service with/without prior notice. At special request, we will waive the fees for PayPal charge backs. To do this, please open a ticket with billing. Upon chargeback we reserve the right to suspend/terminate all services and products with us, as well as closing your account. Any oustanding fees will be sent to an Arbitrator for collection (see below for more).

Any balance which is outstanding for over 14days maybe collected by a 3rd party (also known as an Arbitrator) selected by us. Please note that all fees related to this will be your sole responsibility. Any decisions made will be binding and final.

Overages

Overages on bandwidth will be charged at $1/GB. Overages will be anything used in addition to your plan that has not been paid for in advance. Sites will be suspended usually upon exceeding the limit, however until the suspender runs, additional bandwidth may be used which is where the overage will come from. If overages are not paid, your account will be subject to our Payment terms above.

Disclaimer of Warranty:

The internet is a complex network of services, equipment and providers of information. Thus the service may not be available to you at all times. Alloy Hosting will peruse all resources and channels available to maintain availability to you, however Alloy Hosting is not responsible for any interruption in service or down time that may occur, whether or not due to the act or negligence of Alloy Hosting.

Alloy Hosting makes no express or implied warranties (including but not limited to warranties of non-infringement, merchantability or fitness for a particular use) with respect to the services it provides. Neither Alloy Hosting nor anyone else involved in the provision of the service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use or non-availability of services provided herein, whether or not such damages resulted from the negligence or Alloy Hosting, even if Alloy Hosting has been advised to the possibility of such damages.