AltaGrade Terms of Service

1. AltaGrade refers to the hosting company trading as AltaGrade LLC, it's employees, officers, agents, and affiliates.
2. The 'Agreement’ means Terms and Conditions and the details on the Application for AltaGrade Account.
3. The 'Customer' refers to all other persons, companies, or other entities identified on the Application for AltaGrade Account.
4. The 'Service' means the computing and communication service known as the AltaGrade Internet Web Hosting Service, as modified from time to time.

These terms and conditions are the terms on which AltaGrade provides services to its customers, modified by any written contract between AltaGrade and its Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements, excluding specific term contracts and contracts with Service Level Agreements. AltaGrade may modify these terms as applying to any agreement, the pricing structure for any Service (excluding term contracts) or the terms of the operation by general notice at https://www.altagrade.com/blog and by email newsletter to the last email address provided to AltaGrade by the Customer. The Customer is required to keep their contact details with AltaGrade current. Any use of Service more than 30 days after joining or 30 days after modification of these terms will constitute acceptance of these terms.

The service is a subscription service payable in advance. The customer must pay for all services by the due date. In particular the Customer must pay for all service data charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customer Account and services (whether authorized or not) in accordance with the hosting plan and billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by AltaGrade resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.

In addition the Customer must provide and pay for all government taxes, duties and levies (if any) imposed on the customer or AltaGrade in respect of any Services provided excluding income tax.

a) Payment for all Services is due upon the order due date. The Customer must pay all amounts billed in accordance with the billing option they are on. Any questions regarding the charges on an account must be addressed within 30 days of the billing date. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.
b) No grace periods are given. If payment is not received after the due date a late fee of 10% of monthly package cost will be payable on all overdue amounts.
c) Accounts with a balance more than 24 hours overdue may be suspended without further warning. Suspended accounts may not be altered or closed until full payment is received. A $15 Suspension and Re-activation fee will be automatically applied.
d) Suspended accounts may be sent to AltaGrade’s debt collection agency without further notice. Any expenses incurred in the recovery of debt, including but not limited to legal and debt collection costs, shall be claimed on the customer.

AltaGrade may require the payment of a security deposit before providing the service, or as a condition of continuing any Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, AltaGrade shall return the outstanding balance of the security deposit, without interest.

AltaGrade will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.

AltaGrade endeavors to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault free and relies on factors outside the control of AltaGrade. The Service is provided to the Customer at such times and means as AltaGrade decides.

Except as provided in clause 10 AltaGrade is not liable to the Customer or any other person for:

a) any cost, loss or liability (including loss of profit or other consequential damage) arising from AltaGrade's supply or failure or delay in supplying Service.

b) the content, context, or confidentiality of any communications made using the Service. AltaGrade does not provide support for third party software, including software downloaded from the Internet.

Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Service are excluded and AltaGrade will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service inclusive of any software material hosted or designed by AltaGrade. However, AltaGrade’s liability for any breach of such implied term or warranty will be limited at AltaGrade's option or in any way permitted by the legislation including where so permitted if the breach relates to services:

a) the supplying of those services again;

b) compensating the costs of having those services supplied again.

The Customer shall indemnify AltaGrade against any loss (including any loss of profit) incurred by AltaGrade as a result of any breach of the terms of any agreement with AltaGrade including damages in respect of any period up to and including the date of actual termination (including termination under clause 13).

The Customer shall indemnify AltaGrade against all claims, expenses, damages, or other liabilities arising directly or indirectly from accessing of obscene, defamatory, or offensive material via AltaGrade Internet service.

Either party may terminate a non-fixed term agreement with 30-days preliminary notice created as a ticket on AltaGrade Dashboard at https://my.altagrade.com. Any balance owing on an account must be paid prior to closure. All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

After reasonable notice is given AltaGrade may terminate any agreement of the provision of any Service if:

a) the customer breaches any term of any agreement;

b) AltaGrade forms the opinion in good faith that the Customer is or may be insolvent.

AltaGrade may from time to time without notice, for reasons other than payment (reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:

a) During any technical failure, modification or maintenance involved in the Service provided that AltaGrade will endeavor to procure the resumption of the Services as reasonably practicable; or

b) If the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in AltaGrade's opinion may have the effect of jeopardizing the operation of any Service. Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding AltaGrade's Service in any way which is to be used for competitive purposes in relation to the Service.

The Customer cannot assign its rights under any agreement with AltaGrade without the prior written consent of AltaGrade. AltaGrade may transfer your rights and responsibilities under this assignment to another party with 30 days written notice to you.

This Agreement is governed by the laws of Washington, USA and the parties submit to the jurisdiction of the Washington State Courts. Users of AltaGrade may not break any laws while using the system. The availability of such material on the Internet is beyond AltaGrade’s control.

Users of AltaGrade are expected to adhere to all policies of AltaGrade, available in writing upon request or at: https://www.altagrade.com/about/policies/tos. The AltaGrade servers may be used only for lawful purposes. Users may not use the AltaGrade's Network in order to transmit, distribute or store material

a) in violation of any applicable law,

b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or

c) that is obscene, threatening, abusive or hateful.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.In addition any site selling or promoting Bulk email services is not allowed.

Examples of non-acceptable content or links:

- Pirated software
- Hackers programs or archives
- Warez Sites
- Irc Bots

We will be the sole arbiter as to what constitutes a violation of this provision.

Any attempts to undermine or cause harm to a server is strictly prohibited.

AltaGrade's servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

AltaGrade performs the weekly full and nightly incremental backups on all shared, cloud and dedicated server hosting plans locally for free of charge. AltaGrade makes every effort to ensure that these local backups are valid, however AltaGrade assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent local backups.

It is the sole responsibility of account owner to subscribe for remote backup service on AltaGrade offsite backup instance or to ensure that they maintain their own backup copy of any materials placed on AltaGrade Servers, or of any database maintained on any server operated by AltaGrade in the event AltaGrade is unable to restore customer content from local backup.