Terms of Service Agreement
Last Updated: March 16th, 2016 at 03:05 GMT.
Welcome to the Internet Site of AllThePower.net, a Limited Liability Company. AllThePower.net LLC provides Web-Hosting, E-mail and Web Design services, hereafter referred to in this document as "our services". A purchaser or user of our services is hereafter referred to in this document as an "account holder". We thank all of our account holders for their purchase of our services.
To the best of our ability, AllThePower.net LLC, provides quality services and negotiates with our upstream providers to provide our services at prices lower than many competitors offering comparable services.
AllThePower.net also provides technical support to account holders via our website and utilizing e-mail communication as necessary. AllThePower.net LLC exercises reasonable care to maintain the proper operation of services provided to the account holder.
YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF ANY CHANGES OR MODIFICATIONS TO THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO, AND ACCEPTANCE OF, SAID CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO SAID CHANGES OR MODIFICATIONS TO THESE TERMS, DO NOT CONTINUE TO USE OUR SERVICES.
These terms are a legal and binding agreement between the account holder and AllThePower.net LLC.
Any and all other services, including, but not limited to, access to our services via the internet and connection of our services to the internet, are provided by third parties not under the control of AllThePower.net LLC and are not subject to this agreement.
Domain Registration services are provided by Bulk Register, an ICANN acredited company, and are subject to the terms and conditions as set forth in the BulkRegister.com, Inc. Registration Agreement and Service Agreement.
Our servers, DNS servers, internet connections, control panels and software are leased from and maintained by the Alabanza Corporation, located in Baltimore, Maryland, and are subject to their Acceptable Uses and Service Policy.
REPRESENTATION OF CONTRACTUAL AUTHORITY
YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT AND THAT THERE ARE NO CONFLICTING CLAIMS RELATING TO THE RIGHTS GRANTED BY THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR IF DIFFERENT IN YOUR STATE, OF LEGAL AGE TO ENTER INTO BINDING CONTRACTS.
FEES AND PAYMENTS
All prices are stated in, and you shall make payment in, U.S. dollars. AllThePower.net LLC reserves the right to change rates for any and all of our services by notifying you sixty (60) days in advance of the effective date of the change; provided that AllThePower.net LLC shall not change any rates during the term of any contract.
Fees and other charges for our services shall be charged in accordance with the prices set forth in written communication from us and on our website.
The initial Due Date of fees and other charges is equal to the date that services are ordered. All services are automatically renewed unless cancelled in accordance with our cancellation policies, creating subsequent due dates equal to the initial due date plus previouly paid terms.
You shall arrange payment of these fees and other charges for our services when services are ordered or renewed. Accounts unpaid after the Due Date may have service suspended or terminated. Such suspension or termination shall not relieve you of your obligation to pay the fees and charges due. You agree to pay AllThePower.net LLC its reasonable expenses, including attorney's fees and collection agency fees, incurred in enforcing its rights under these terms.
You shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to our services. Web hosting service, domain registration and web design are not taxed in the state of Pennsylvania, and as such, we do not collect taxes for these services.
Domain Name Registration services shall be for the term indicated on the registration application. Domain name registration agreements will be renewed and terminated per the Registrar's Terms of Service, as indicated above ("Applicability").
For our services, the term shall be for the length of time indicated when the most recent order or renewal of same services was received, herein referred to as the "contract length".
AUTOMATIC RENEWAL OF SERVICE TERM
Your service term shall automatically renew for a new term equal to your current contract length unless you give notice to cancel not less than five (5) business days prior to the expiration of the current service term. If notice is untimely and you elect nonetheless to cancel the new term, you will be charged an amount equal to 100% of our standard monthly charge for the month in which the cancellation request is received.
YOU MUST ENSURE THAT THE CREDIT CARD INFORMATION WE HAVE ON FILE IS ACCURATE
You may modify your credit card information by visiting the member's center found on our homepage at http://www.allthepower.net. Renewal fees that cannot be billed to your credit card will be subject to an additional $5.00 fee for manual processing.
CANCELLATION OF SERVICES AND REFUND OF FEES PAID
For security, all cancellation requests must be made from the Member's Center section found on Our Website. Cancellation of Service will be effective upon receipt of a valid cancellation request, unless another date is specified in the cancellation request. Cancellation requests must be received at least 5 business days prior the expiration of the current service term (See "Automatic Renewal of Service Term").
AllThePower.net LLC also retains the right to cancel your account, without prior notice, for any violations of our Acceptable Use Policy. Any cancellation by AllThePower.net LLC or you shall not relieve you of any obligations to pay fees accrued prior to such cancellation.
If you cancel your account for our services prior to the end of the term specified when you ordered said services, AllThePower.net LLC shall refund to you, in a pro-rated fashion, fees paid in advance of such cancellation as follows: you will receive a refund equal to 100% of your payment less our standard monthly charge for each month used within the term. Refund will also be reduced by any setup fees and cancellation fee. The current cancellation fee is $5.00.
Setup Fees, if any, can never be refunded, as the expenses covered by those fees are accrued when your account is initially activated, even if you failed to use our services.
As Domain Registration(s) are processed and billed immediately by the internic, cancellation of domain registration(s) for any reason will not result in the refund of any amount(s) paid for said registration(s).
Our Services may be used for business, personal or any other use that you see fit, as long as it does not conflict with our Acceptable Use Policy. You, as a user of our services, agree to abide by our Acceptable Use Policy.
DATA TRANSFER AND DISK SPACE USAGE
You agree that the amount of Data Transfer, also referred to as "bandwidth", shall not exceed the number of megabytes per month as indicated by your choice of service package or as subsequently ordered by you. Data Transfer shall be monitored and measured by the Alabanza Corporation. Any Data Transfer in excess of the agreed upon number of megabytes per month may result in the assessment of additional charges or termination of your account, at the sole discretion of AllThePower.net LLC. In the event that AllThePower.net LLC terminates your account, you shall not be entitled to a refund of any fees paid in advance prior to such action.
EXCESSIVE USE OF CPU PROCESSING TIME
You agree that you shall not use excessive amounts of CPU processing time, as determined by AllThePower.net LLC in its sole discretion, for any purpose, including, but not limited to, the processing of CGI programs, e-mail transactions and file transfers. Any violation of this policy may result in the assessment of additional charges or termination of your account, at the sole discretion of AllThePower.net LLC. In the event that AllThePower.net LLC terminates your account, you shall not be entitled to a refund of any fees paid in advance prior to such action.
VIOLATIONS OF THESE TERMS
ALLTHEPOWER.NET LLC RESERVES THE RIGHT TO IMMEDIATELY REMOVE OR DISABLE ACCESS TO ANY ACCOUNT THAT VIOLATES THESE TERMS. YOU EXPRESSLY WAIVE AMY CLAIMS YOU MAY HAVE AGAINST ALLTHEPOWER.NET LLC RESULTING FROM ITS SUSPENSION OR TERMINATION OF YOUR ACCOUNT DUE TO VIOLATIONS OF THESE TERMS.
LOSSES DUE TO ACCOUNT SUSPENSION, TERMINATION OR CANCELLATION
Suspended, terminated or cancelled accounts will not be accessible via the internet. To prevent the suspension or termination of your account, you must ensure that your account balances are paid and that data transfer and disk space limits are not exceeded. Furthermore, you agree to abide by our Acceptable Use Policy, and you must correct any and all conditions causing excessive use of CPU processing time.
Terminated or cancelled accounts will be completely deleted from our servers. In order to preserve files and information existing on our servers, it is your responsibility to copy and/or move said files and information from our server to another location, or it will be irrevocably lost. FTP access to your account will allow you to recover your website files and information stored on our servers, but you must save copies of files installed via options other than the "file manager" in your account control panel; This information includes, but is not limited to, secure certificate and PGP keys.
YOU RELEASE ALLTHEPOWER.NET LLC (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUSPENSION, TERMINATION AND/OR CANCELLATION OF YOUR ACCOUNT.
LOSSES DUE TO OTHER REASONS
As with most non-Tier 1 internet providers, we lease equipment and purchase network connectivity from upstream providers, who may not offer Service Level Agreements to our company. As such, we cannot ensure that your website, e-mail or any other information will be kept safe from accidental and/or intentional loss due to the actions or inactions of our upstream providers.
YOU RELEASE ALLTHEPOWER.NET LLC (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCIDENTAL AND/OR INTENTIONAL LOSS DUE TO THE ACTIONS OR INACTIONS OF OUR UPSTREAM PROVIDERS.
Our upstream providers have disclaimed any and all responsibility or liability for direct or consequential damages caused by acts of God, acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by RPOAs or intermediary private networks.
AVAILABILITY OF OUR SERVICES
AllThePower.net LLC makes no guarantee as to the availability of Our Services.
Our upstream providers (Qwest, FGC, and ATT) guarantee that our network will be available at least 99.5% of any full month. If that goal is not met, AllThePower.net LLC will pass 100% of the credit we receive from our upstream providers to our clients in a pro-rata fashion. Our upstream providers have disclaimed any and all responsibility or liability for direct or consequential damages caused by acts of God, acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by RPOAs or intermediary private networks.
RESPONSIBILITY OF CUSTOMERS TO PERFORM BACKUPS OF INFORMATION AND RELATED COMPONENTS
AllThePower.net LLC does not by default provide backup of any end-user information or related components unless specifically agreed to under separate contract for an additional fee.
Therefore, it is the customer's own responsibility to perform backups of any and all information and related components that exist on our servers.
AllThePower.net LLC provides its Web-Hosting customers with a third-party tool that will assist our customers with their back-up tasks, however, we make no claims as to the usability or the completeness of any backup created using said tool.
YOU RELEASE ALLTHEPOWER.NET LLC (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCIDENTAL AND/OR INTENTIONAL LOSS DUE TO THE USE OF THIS BACKUP TOOL.
Customers may create separate agreements with AllThePower.net LLC to perform end-user backups, for an additional fee.
CACHING AND BACKUP OF INFORMATION
As your information is stored on or passes through our server, it will be cached and/or stored on our server.
Also, AllThePower.net LLC or its designees may need to backup, move and/or restore your information while performing server maintenance or upgrades.
You expressly grant to AllThePower.net LLC and to AllThePower.net LLC’s contractors and designees, a license to cache and to backup, whenever and wherever necessary, any portion or the entirety of your website and e-mail accounts, including content and messages of third parties. You expressly agree that such caching or backup is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
CHANGES TO OUR SERVICES
AllThePower.net LLC reserves the right to change its web hosting and other service offerings, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
IP ADDRESS OWNERSHIP
AllThePower.net LLC shall maintain and control ownership of all IP numbers and addresses that may be assigned to you arising out of the use of our services and AllThePower.net LLC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Account Holders shall remain solely responsible for the content of all e-mail communication.
SALES OF PRODUCTS AND SERVICES
Your use of our services to enable or conduct sales of products or services of any kind must be in accordance with any and all United States Federal, State and Local laws. You will be solely responsible for the development, operation and maintenance of any and all sales content and materials appearing online or on your products, including, but not limited to, the accuracy and appropriateness of content and materials appearing within the store or related to your products. You must ensure that the content and materials appearing within the store or related to your products are not libelous or violate or infringe upon the rights of any third party.
If you request or accept personal and/or private information from visitors to our website, you may be required to purchase additional licenses or encryption products necessary to secure said information. Your account control panel includes a third-party supplied option to acquire and install secure server certificates and/or PGP keys.
You are solely responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting any and all transactions. You will keep all such information confidential and will use the same degree of care and security as you use with your own confidential information or as otherwise required by law.
IF A DISPUTE ARISES BETWEEN YOU AND ANYONE WITH WHOM YOU HAVE CONDUCTED ANY SORT OF TRANSACTION, EACH OF YOU RELEASE ALLTHEPOWER.NET LLC (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
THIRD PARTY SERVICES
Certain portions of our services, including, but not limited to, domain registration, server hardware and software, and network and internet connections, are provided by third parties. By using our services, you acknowledge that AllThePower.net LLC is acting merely as a conduit for such services, software, networks and equipment, and that the terms, conditions, warranties or representations associated with services provided by third parties, are solely between you and said third party. AllThePower.net LLC assumes no liability, obligation or responsibility for any part of any such service or portion thereof.
AllThePower.net LLC shall not be responsible for any changes to portions of our service supplied by third parties that become obsolete, require modification or alteration, or otherwise affect the performance of our services. Any malfunction or defects, either sold, licensed or provided by AllThePower.net LLC to you or purchased directly by you used in connection with our services will not be deemed a breach of AllThePower.net LLC's obligations under these terms. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of portions of our service provided by third parties are limited to those rights extended to you by the manufacturer or creator of same. You are entitled to use any software supplied by AllThePower.net LLC only in connection with your permitted use of our services. You shall use your best efforts to protect and keep confidential all intellectual property provided to you through any software and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with our services. You shall not resell, transfer, export or re-export any software, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
IF A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE THIRD PARTY SERVICE PROVIDER(S), EACH OF YOU RELEASE ALLTHEPOWER.NET LLC (AND ITS OWNERS, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IT IS YOUR SOLE RESPONSIBILITY TO ADVISE ANY AND ALL THIRD PARTIES OF THESE CONDITIONS.
PARTICIPATION IN PROMOTIONS BY THIRD PARTIES
You, as a user of our services, including, but not limited to, this website, may enter into correspondence with or participate in promotions of the advertisers or third parties showing their products, services or information on this website. By doing so, you acknowledge that this correspondence and/or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser or third party. AllThePower.net LLC assumes no liability, obligation or responsibility for any part of any such correspondence or participation in any promotion.
IF A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE ADVERTISERS, EACH OF YOU RELEASE ALLTHEPOWER.NET LLC (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
REASSIGNMENT AND/OR RESALE OF OUR PRODUCTS OR SERVICES
You may not reassign nor resell the products or services offered by AllThePower.net LLC.
DISCLAIMER OF WARRANTIES
USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE OF THIS WEBSITE, IS AT YOUR DISCRETION AND SOLE RISK. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALLTHEPOWER.NET LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT OUR SERVICES, INCLUDING THIS WEBSITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, OR OPERATE WITHOUT ERROR; OR THAT THE INFORMATION, CONTENT OR MATERIALS USED WILL BE ACCURATE, WITHOUT ERROR, AND WITHOUT OMISSION. IT IS THE END USER'S RESPONSIBIILTY TO PERFORM SCANS FOR VIRUSES AND OTHER MALICIOUS CONTENT ON ANY DOWNLOADED CONTENT, INCLUDING, BUT NOT LIMITED TO, E-MAIL MESSAGES AND ATTACHMENTS, AND ALLTHEPOWER.NET LLC DISCLAIMS ANY LIABILITY FOR ANY VIRUSES OR OTHER MALICIOUS CONTENT THAT MAY BE DOWNLOADED FROM OUR SERVERS.
IF YOU DO NOT OR CANNOT AGREE TO THESE DISCLAIMERS, DO NOT USE OUR SERVICES.
SOME STATES OR LOCAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO IMPLIED CONTRACT
Offers of goods and services for sale on this website do not constitute a sales contract, only a notice as to the availability of such offers.
LIMITATION OF LIABILITY
IN NO EVENT WILL ALLTHEPOWER.NET LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE OUR WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ALLTHEPOWER.NET LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR LOCAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to indemnify, defend and hold harmless AllThePower.net LLC, its employees, owners, stockholders (if any), officers, directors and agents (collectively referred to herein as "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of our services by you or your agents, including but not limited to any violation of our Acceptable Use Policy.
If any provision, or portion of any provision, of these terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision, or portion of that provision, shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions or any other portion of any provision.
AllThePower.net LLC's failure to enforce the strict performance of any provision of these terms will not constitute a waiver of AllThePower.net LLC's right to subsequently enforce such provision(s) or any other provision of these terms.
These terms are governed in all respects by the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms shall be brought in the court of Luzerne County, Pennsylvania. Furthermore, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of said court over any suit, action or proceeding arising out of these terms.
GENERAL PROVISIONS AND INFORMATION
The section numbers and titles in these terms are solely used for the convenience of the parties and have no legal or contractual significance.
This Terms of Service Agreement, together with any other document or agreements specifically identified in these terms, represent the entire agreement between the parties, and supercedes all previous representations, understandings or agreements.
1103 South Hanover Street
Nanticoke, Pennsylvania 18634-3417