TERMS OF SERVICE
Our terms of service are designed to be read by the average person, not by some high-priced lawyer. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between Alcapelhost and you. If you have any questions about what you see on this page, please feel free to contact us at firstname.lastname@example.org or 01-4321954, 07038916577.
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting or domain services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "alcapelhost" or "us" or "we" refers to alcpelhost.com, an Alcapel Technologies Company.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When The Services Will Be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
As we explain in this paragraph, we offer you a money-back guarantee if you cancel with us during the first 30 days except you purchased our promotional package, for the cancellation of our promotional . And here is how our cancellation policy works. It is very simple. If you cancel your account within 30 days of first signing up(paying into our account), we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is by sending an emai email@example.com
If we register a domain name free for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. We charge N5,000 per year for domain registration. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration and transfer and SSL certificates are non-refundable. Our policy regarding web design services is as follows: We do not issue refunds once we have started work. If you order design services and cancel before we have started working on the design and before 30 days have passed then we will refund the full cost of the design service.
Cancellation For Promotional Packages
Only our “Promo Gold Package” attracts full refund at cancellation and that cancellation must be within the first 30 days of sign-up/confirmation or your payment into our bank account. Or at expiration of your service tenure, Full refund is attracted at the cancellation and we take ownership of the said site and its domain, and all the revenue earned from the date of its inception with us, all the revenue withdrawn from the site shall be paid to us.
When your renewal date arrives, your hosting plan and domain will be renewed when we receive renewal payment from you, before the expiration we will be sending you a remind email, though we do not gurantee that, it is your duty to check the invoice sent you at sign up. If you wish not to renew your account, you are expected to send a cancellation email to firstname.lastname@example.org prior to the expiration date. If you have any questions as to when your renewal date is, send a mail, or give us a call. If you fail to renew your account after expiration your account will be closed and removed from our server while domain is released
Acceptable Use/Illegal Activity
Alcapelhost strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
- Scam websites and scam emails are serious offence and the account is terminated immediately
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
Disproportionate loads placed on the server
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the resources of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues,
we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If alcapelhost is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if alcapelhost is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse alcapelhost for what it pays to satisfy a judgment or settle a case, you also agree to pay alcapelhost's reasonable attorney's fees and all other costs alcapelhost incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. ALCAPELHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALCAPELHOST MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALCAPELHOST DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANd ALCAPELHOST DOES NOT GUARANTEE YOU TRAFFIC OR FINANCIAL SUCCESS AS YOU MAY WISH, EVERY BUSINESS VENTURE IS RISK. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, alcapelhost cannot be held liable for it. IN NO EVENT SHALL ALCAPELHOST BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF ALCAPELHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of alcapelhost due to your enrollment in the affiliate program,
Terms Applicable to Affiliates
If you become an affiliate of alcapelhost, the following terms apply to you.
Our Affiliate Network
To participate as an affiliate, you are required to complete an affiliate application located at alcapelhost.com. The application will be evaluated, and we will notify you in a reasonable time whether your application has been accepted. At our discretion, we may decide for any reason that your site cannot participate in our network
How it Works
We provide our affiliates with unique tracking codes. These codes must be placed in the HTML of your website and when clicked on will direct visitors to your site to alcapelhost.com or one of our other websites. If the visitor to your site places an order in the following 365 days from the same computer (cookie tracking) or the same Internet connection (IP tracking), our automated system will track the sale and automatically credit your account.
Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: a non-fraudulent, active for a period of thirty (30) days, not cancelled web hosting client who has paid for services in full and has been directed to us through your affiliate tracking link.
We reserve the right to hold commissions for up to 60 days for verification. We also reserve the right to cancel commissions in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 30 days, or if we learn that the commission was earned improperly for any other reason.
There are two pay periods during every month. Pay periods are two weeks long. The first pay period is from the 1st of the month until the 15th. The second is from the 16th of the month to the last day of the month. alcapelhost will process affiliate commissions for the past month period before this on these dates and issue payments. For example: On January 5th you earn N500 via the alcapelhost Affiliate Programs. The commission becomes mature 30 days after we track it, or in this case on February 5th. The next pay date is February 16th, so on February 16th you would be paid for these referrals. This time frame allows us to evaluate every order and assess its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, hold your commission or cancel the order. Cancelled commissions cannot be reinstated. Commission rates are posted on www.alcapelhost.com and will be updated from time to time.
Term of the Agreement
The term of this affiliate agreement will begin upon our acceptance of your affiliate program application, and will end when terminated by either involved party. Either party may terminate the affiliate relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to email@example.com Once terminated, you will not be eligible to receive commissions for any future referrals.
Governing Law and Choice of Form
The laws of Federal Republic of Nigeria, Lagos State will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Lagos. When These Terms Take Effect.
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (reseller, shared, etc.) or open an affiliate account at www.alcapelhost.com. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using alcapelhost you agree to the above terms of service.