Terms of Service

AGREEMENT

This Agreement is between Alfa Roza LLC (hereinafter referred to as Alfa Roza), and the online individual or entity who is applying or utilizing Internet-related Services, (hereinafter referred to as Client). Client agrees to an online, subscription service, which will be automatically charged on a recurring basis until the service is explicitly canceled by either Client or Alfa Roza. Client acknowledges that all information provided by Client is true and correct to the best of Client’s knowledge. Client agrees that the act of utilizing Alfa Roza web server or web server space paid for by Alfa Roza constitutes acceptance of all terms and conditions associated with the services applied for and that the act of usage shall be in lieu of written signature.

1. AUTHORIZATIONS

Client will use Alfa Roza’s services in a manner consistent with all applicable local, state, and federal regulations and laws. Client agrees to pay and authorizes Alfa Roza to charge all fees due using the payment information provided by Client at the time of application.

2. DISCLAIMER

Alfa Roza will not be responsible for any damages suffered by the Client. Alfa Roza’s service is provided on an “as is, as available” basis. Alfa Roza gives no warranty, expressed or implied, for Alfa Roza’s services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and all service interruptions caused by Alfa Roza and its employees. Any damages incurred by Client due to disruption of service by Alfa Roza or its providers shall be expressly limited to the fees paid by Client to Alfa Roza for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by Client.

3. INDEMNIFICATION

Client agrees that it shall defend, indemnify, save, and hold Alfa Roza harmless from all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Alfa Roza, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold Alfa Roza harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with an Alfa Roza server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Alfa Roza expects that its Clients will fully comply with all applicable laws. A customer’s failure to comply with those laws will violate this policy. Finally, Alfa Roza wishes to emphasize that in accepting services, Clients indemnify Alfa Roza for the violation of any law or Alfa Roza policy that results in loss to Alfa Roza or the bringing of any claim against Alfa Roza. This means, among other things, that if Alfa Roza is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Alfa Roza plus costs and reasonable attorneys’ fees.

4. CLIENT RESPONSIBILITIES

Effective use of Alfa Roza’s services presumes a certain degree of knowledge and skill on the part of the Client. For example, it is presumed that Client possesses at least a rudimentary knowledge of Internet-related processes and software applications such as e-mail, FTP, Telnet, and web browsing. Creating and publishing a website on Alfa Roza’s servers will require some knowledge of either HTML programming or the use of HTML editors, such as Microsoft FrontPage. Certain advanced applications may require a certain level of competence with CGI/Perl programming applications. In lieu of already-established knowledge and skill levels, patience, a desire and ability to learn, and perhaps a little courage will be required. Alfa Roza will not be held responsible for Client’s inability to use Alfa Roza’s services due to Client’s lack of the requisite knowledge and skills.

5. DOMAIN NAME REGISTRATION

Domain name registration is a separate and independent service from domain and web hosting. Client accepts sole responsibility for monitoring and maintaining the status of Client’s domain name registrations, as well as payment of all applicable domain name registration and renewal fees. Alfa Roza does not monitor the registration status of domain names hosted on Alfa Roza’s servers. Alfa Roza’s services are independent of account usage and domain name records and remain in effect (and billable) regardless of the status of Client’s domain name record.

Alfa Roza will provide reasonable assistance to Client in the area of domain name registration and modification. Reasonable assistance may include submission of registration or modification requests to appropriate domain name registration agencies and/or supplying Client with the necessary information to effect registration or modification of Client domain. Alfa Roza will not, under any circumstances, make changes to any part of a domain name record except nameserver and technical contact information relating to the pointing of Client domain name to Alfa Roza’s servers.

6. POSSESSORY LIEN

Alfa Roza maintains a possessory lien on Client’s domain name and files from the date that any associated fees are unpaid and due, including late fees or other charges, and for expenses reasonably incurred in collection of those fees. In the event of the exercise of this lien, the release of Client’s domain name and/or files shall be at the sole discretion of Alfa Roza.