Terms of Service
These Terms and Conditions govern your use and access to AleForge LLC’s AleForge.net and present a legally binding contract between you and AleForge LLC. Hereinafter, AleForge, LLC may be referred to as “AleForge”, “we”, “us”, or other first-person pronouns and you may be referred to as “customer”, or other second-person pronouns. These terms and conditions apply to you, whether you are a paid member who has service with us, whether you are a player who contributes to the membership fees of one of our customers, a passive or active user of our services or if you are merely browsing our site.
AleForge offer online-based services, including game servers, internet web hosting, VPS, and dedicated servers. These services may be referred to in this agreement as “our services”, “products”, “the services” or “the products”.
These Terms and Conditions apply to visitors and members of the site. By accessing, using, viewing, downloading any material from us, or beneting a member of AleForge, you agree to be bound by these Terms and Conditions. This agreement is intended to be governed by the Electronic Signatures in Global and National netmerce Act (E-Sign Act).
We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner.
You may use and access our services only in accordance with these Terms and Conditions and any applicable laws. Please consult these Terms and Conditions regularly and read them carefully before using our services. You affirm that you have read this agreement and understand, agree and consent to its Terms and Conditions.
II. Service Term
The initial service term of the agreement shall begin on the date that AleForge generates an e-mail message to customer announcing the activation of the customer’s account (the “Service netmencement Date”) and shall continue for the first partial month of service plus the number of full calendar months stated in the order (the “initial term”). Upon expiration of the initial term, this agreement shall automatically renew unless AleForge LLC or customer provides the other with notice of nonrenewal at least seven (7) days prior to the expiration of the initial term or then-current renewal term, as applicable, as submitted via AleForge’s website.
At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by AleForge. Your subscription to the Services will be deemed accepted by AleForge when AleForge delivers a confirmation of the subscription to You. AleForge reserves the right to refuse to provide You with any Service for any reason. AleForge reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered “Services” hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be dictated on the order, generally in a cycle of months, beginning on the service netmencement date. AleForge may require payment for the first billing cycle before beginning service. If the order provides for credit/debit card billing, customer authorizes AleForge to bill subsequent fees to the credit/debit card on, after, or up to three days before the first day of each successive billing cycle during the term of this agreement; otherwise AleForge will invoice Customer via electronic mail to the primary customer contact listed on the order. Invoiced fees will be issued at least 7 days before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.
Customer is responsible for providing AleForge with changes to billing information (such as credit card expiration, change in billing address, etc). AleForge LLC may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay AleForge’s reasonable costs of collection of overdue amounts, including collection agency fees, dispute/chargeback fees, attorney fees and court costs where applicable.
b) Fee Increases
AleForge may increase its fees for services effective the first day of a renewal term by giving notice to customer of the new fees at least forty five (45) days prior to the beginning of the renewal term, and if customer does not give a notice of non-renewal as provided in Section II (Service Term) above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Fee increases due to currency rate fluctuations (as detailed in section IIIf) will not yield any notice to customers.
At AleForge’s request, customer shall remit to AleForge all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an innete tax on AleForge), regardless of whether AleForge fails to collect the tax at the time the related services are provided.
d) Early Termination
Customer acknowledges that AleForge may terminate service agreement at any time if customer violates this agreement or the Acceptable Use Policy, which is hereby incorporated by reference in this agreement. Customer acknowledges that the amount of the fee for the service is based on customer’s agreement to pay the fee for the entire initial term, or renewal term, as applicable. In the event AleForge terminates the agreement for customer’s breach of the agreement in accordance with Section IV(b) (Termination of Service), or customer terminates the service other than in accordance with Section IV(b) (Termination of Service) for AleForge’s breach, the unpaid fees for each billing cycle remaining in the initial Term or then-current renewal term, as applicable, are due on the business day following termination of the agreement.
Any promotions offered by AleForge are valid where stocks last. AleForge does not guarantee the availability of any given promotion and reserves the right to add, remove or modify any promotion at any time without notification, and for any or no reason.
AleForge base all pricing schemata from US Dollars (USD). Due to this, prices in other currencies may fluctuate rapidly at any time, for any or no reason, including during an ongoing billing period. AleForge will additionally pad any foreign currency pricing schema to account for additional processing fees.
a) Suspension of Service
Customer agrees that AleForge may suspend or terminate services to customer without notice and without liability if:
(i) AleForge reasonably believes that the services are being used in violation of the Acceptable Use Policy
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the Acceptable Use Policy
(iii) AleForge reasonably believes that the suspension of service is necessary to protect its network or its other customers
or (iv) as requested by a law enforcement or regulatory agency
Customer shall pay AleForge reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
b) Termination of Service
The agreement may be terminated by customer prior to the expiration of the initial term or any renewal term without further notice and without liability if AleForge fails in a material way to provide the service in accordance with the terms of the agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The agreement may be terminated by AleForge prior to the expiration of the initial term or any renewal term without further notice and without liability as follows:
(i) upon ten (10) days notice if customer is overdue on the payment of any amount due under the agreement
(ii) Customer materially violates any other provision of the agreement, including the Acceptable Use Policy, and fails to cure the violation within thirty (30) days of a written notice from AleForge LLC describing the violation in reasonable detail
(iii) upon one (1) days notice if customer’s service is used in violation of a material term of the Acceptable Use Policy more than once
or (iv) upon one (1) days notice if customer violates Section X (Customer Information) of this agreement
Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they benete due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
V. User Accounts
a) When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
b) You must provide Us with a primary email address that is checked regularly and frequently. All notices and netmunications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), aleforge.net, are not included in any spam block list used by You or Your mail provider.
c) Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 2 of this Agreement.
d) You are responsible for all activity transpiring under Your account. We therefore highly renetmend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, AleForge’s site and/or equipment, and any other site.
VI. INTELLECTUAL PROPERTY RIGHTS
All Services provided by AleForge may only be used for lawful purposes.
a) As between You and AleForge, AleForge acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site (“Your Content”). You hereby grant to AleForge a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable AleForge to perform its obligations hereunder.
b) In connection with performance of the Services and at the sole discretion of AleForge, AleForge may (but is not obligated to) provide You with certain materials, including, without limitation, netputer software (in object code or source code form), data, documentation or information developed or provided by AleForge or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by AleForge to provide You with the Services (“Host Materials”). Subject to the terms and conditions of this Agreement, AleForge hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and AleForge, You acknowledge and agree that AleForge owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials after termination of this Agreement is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from AleForge.
c) This Agreement does not constitute a license to use AleForge’s trade names, service marks or any other trade insignia. Any use of any of AleForge’s trade names, service marks or any other trade insignia is strictly prohibited, absent AleForge’s prior written consent.
d) If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, or if We are required to file an ICANN netplaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN netplaint.
e) You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
VII. DMCA Notice and Takedown Policy
AleForge.net (“AleForge”) implements the following DMCA Notice and Takedown Policy. AleForge respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, AleForge netplies with the U.S. Digital Millennium Copyright Act (“DMCA”) and is therefore protected by the limitations on liability recognized by 17 U.S.C. § 512; netmonly known as the “safe harbor” provisions of the DMCA. AleForge’s infringement notification procedure, counter-notification procedure, and takedown policies, are set forth below.
a) Abuse Warning
The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as AleForge, requesting that infringing material hosted on AleForge’s servers be disabled or removed. Importantly, the DMCA imposes significant penalties – including court costs and attorneys fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; 17 U.S.C. § 512(f). AleForge will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent identified below.
V. Law and Acceptable Use Policy
Customer agrees to use the service in netpliance with applicable law and the Acceptable Use Policy and agrees that AleForge may, in its reasonable netmercial judgment consistent with industry standards, amend the Acceptable Use Policy from time to time to further detail or describe reasonable restrictions and conditions on customer’s use of the services. Amendments to the Acceptable Use Policy are effective on the earlier of AleForge, LLC’s notice to customer that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. Customer agrees to cooperate with AleForge’s reasonable investigation of any suspected violation of the Acceptable Use Policy. In the event of a dispute between AleForge and customer regarding the interpretation of the Acceptable Use Policy, AleForge’s netmercially reasonable interpretation of the Acceptable Use Policy shall govern.
VIII. Multi-location Hosting
AleForge does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. AleForge also reserves the right to deny the transfer of any account to a new location for any or no reason.
Customer agrees to defend, indemnify and hold harmless AleForge its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the Acceptable Use Policy by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
X. Disclaimer of Warranties
AleForge does not warrant or represent that the services will be uninterrupted, error-free, or netpletely secure. To the extent permitted by applicable law, AleForge disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.
XI. Limitation of Damages
Other than any specific cases previously discussed in this agreement, neither party shall be liable to the other for any lost profits, any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of AleForge and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
Customer acknowledges that it is solely responsible for interactions with end users of customer’s site or service. To the extent permitted under applicable laws, customer hereby releases AleForge from any and all claims or liability related to any product or service of an end user, any action or inaction by and end user, including end user’s failure to netply with applicable law, and any conduct or speech, whether online or offline, of any end user.
XII. Requests for Customer Information
Customer agrees that AleForge may, without notice to customer:
(i) report to the appropriate authorities any conduct by customer that AleForge LLC reasonably and in good faith believes violates applicable law
(ii) provide any information that it has about customer
in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
XIII. Data Redundancy
Your use of AleForge’s Services is at your sole risk. This service is provided to you as a courtesy and AleForge is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AleForge’s servers. Any and all backup services provided by AleForge, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.
XIV. Network Changes
Upgrades and other changes in AleForge’s network, including, but not limited to changes in it’s software, hardware, and service providers, may affect the display or operation of customer’s hosted content and/or applications. AleForge reserves the right to change its network in its netmercially reasonable discretion, and AleForge shall not be liable for any resulting harm to customer.
XV. Customer Credit
Customer credit can not be paid-out in any form, to any bank account or services, unless in extenuating circumstances that have been pre-approved by AleForge Administration.
Notices to AleForge under this agreement shall be given via electronic mail to the e-mail address posted for customer support on AleForge.net. Notices to customer shall be given via electronic mail to the individual listed as the primary customer contact. Notices are deemed received on the day transmitted, and customer may change this address by a notice given in accordance with this agreement.
XVII. Force Majeure
AleForge shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond AleForge’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
XVIII. Governing Law and Disputes
This agreement shall be governed by the laws of the State of Georgia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in Georgia, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.