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Terms of Service

Any individual who purchases or utilizes services provided by Global Pop LLC "AlbanyHosting.com", or any of its affiliates are unconditionally bound to the terms set forth in this document. By purchasing or utilizing services provided by AlbanyHosting.com, it is understood that you have read and agree wholly with the terms set forth by this agreement.

Global Pop LLC "Albany Hosting.com" and its affiliates reserve the right to revise this agreement at any time without providing direct notice to those whom it affects. It is understood that any individual purchasing or utilizing services provided by AlbanyHosting.com will review this document periodically for any changes.

Albany Hosting.com will use the terms set forth in this agreement as a guideline to settle disputes between Global Pop LLC "AlbanyHosting.com" and the individuals that purchase or utilize its services. The terms of this agreement set forth the entire agreement between Albany Hosting.com and the individuals purchasing or utilizing its services, and supersedes any and all prior agreements of the parties involved.

Any breach of this agreement by an individual purchasing or utilizing services by AlbanyHosting.com / Global Pop LLC. may result in the services of the individual being suspended or terminated with or without notice.

Any questions clarification, or challenge of the terms set forth in this agreement may be submitted in writing via email to support@AlbanyHosting.com

1. Definitions

1.1. “Customer”, “you”, “your”, et al. shall refer to any individual seeking to purchase or utilize any service provided by Global Pop LLC "Albany Hosting.com" This also includes any agent of the aforementioned party.
1.2. “Albany”, “we”, “us”, “our”, et al. shall refer to the provider Global Pop LLC / AlbanyHosting.com
1.3. “Employee” shall refer to an agent of Albany authorized to act on the behalf of Albany Hosting.com
1.4. “Services” shall collectively refer to any service and the billing associated with it that Albany agrees to provide the Customer based on the selections made by the Customer during signup or as requested in writing and approved by an Employee.
1.4. “Services” shall collectively refer to any service and the billing associated with it that Albany agrees to provide the Customer based on the selections made by the Customer during signup or as requested in writing and approved by an Employee.
1.5. “Servers” shall collectively refer to any hardware provided by Albany that a Customer utilizes.
1.6. “Sites” shall collectively refer to any website maintained by a Customer provided by Albany Hosting
1.7. “Account” shall refer to the established billing information and its related Services that are representative of the Customer that contracted Services from Albany
1.8. “In writing” and “written consent” shall refer to communication and/or permission established over email between the Customer and support@Albany Hosting.com.
2. Albany Hosting Services

2.1.You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury.
2.2 Albany Hosting agrees to provide any and all services requested by the Customer during signup as put forth by the package selected by the Customer. Albany Hosting will not be expected to provide any other services unless agreed to in writing between the Customer and an Employee. All Services that Albany Hosting provides shall be bound by the terms of this agreement.
2.3. Any change to a Service made by Albany Hosting on behalf of the request of a Customer that is not part of a standard package or Service will be considered to be temporary in nature. These changes are made on a case-by-case basis, and may not be preserved when other changes are made to the Services. Albany Hosting will not be held responsible for any downtime or issues related with this section.
2.3.1. Any aforementioned change may be removed at any time with or without notice if it is found to have a negative effect on the Services.
3. Accounts and Billing

3.3. New Accounts are established under the following conditions:
3.4. Albany Hosting retains the right to reject any order at any time for any reason with or without notice. In the event that an order is not accepted for any reason, the Account will be terminated, and any payments received will be refunded. The Customer may request the reason for cancellation in writing.
3.5. Albany Hosting cannot be held liable for any reason in the event that we cannot get in contact with the Customer due to inaccurate contact information.
3.6. Albany Hosting is not required to send an invoice before payment is due.
3.7. Customers reserve the right to be notified of any action taken on their account in accordance with this clause unless otherwise noted in these terms.
3.8. In the event a Customer owes money to Albany Hosting for any reason, any Services the Customer has with Albany Hosting may be suspended to attempt to collect payment or terminated due to lapsed payment with or without notice.
3.9. Bank disputes (i.e. “charge backs”) are grounds for immediate termination of an Account without notice from Albany Hosting. In the event that a bank dispute is received from a Customer, the Account will be suspended and/or terminated. If a Customer wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.
3.10. If a Customer wishes to terminate Services or an Account provided by Albany Hosting, it must be requested in writing via email to Support@Albany Hosting.com
3.11 The Customer will be entitled to 100% of the remaining balance on the account as of the day cancelled in the case of pre-paid Services, unless otherwise determined by an Employee.
3.12. In the event that an Account or Service is terminated at the discretion of an Employee for any reason, no refund will be due, nor will a backup of any data stored on the Servers be provided unless otherwise determined by an Employee.

4. Sites, Services and Content

4.1. Services provided by Albany Hosting are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the Account.
4.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.
4.3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.
4.3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert Albany Hosting in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.
4.4. Albany Hosting considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by an Employee. Examples of unacceptable material include, but are not limited to:
4.4.1. Fraudulent activities of any kind
4.4.2. Illegitimate use of botting software
4.4.3. Copyrighted material without explicit consent to use and/or distribute
4.4.4. Network/computer scanning or attack software
4.4.5. Exploits
4.4.6. Software licenses, license generation software, software “cracks”
4.4.7. Computer viruses/malicious software of any kind
4.4.8. Proxy scripts or services used for malicious purposes
4.4.9. Racist, hateful, or harassing content
4.4.10. Hacking related information or services
4.4.11. SPAM of any kind
4.5. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account.
4.5.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of an Employee.
4.6. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.
4.7. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 4.2 and will result in suspension, and possibly termination, of the Account.
4.8 Any Account found to be causing a degradation of service for other customers can be suspended and/or terminated at any time.

4.9 CPU Usage. User agrees that User shall not use excessive amounts of CPU processing on any of Albany Hosting servers. Any violation of this policy may result in corrective action by Albany Hosting, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Albany Hosting sole and absolute discretion. If Albany Hosting takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action.

5.0 Bandwidth and Disk Usage. Albany Hosting provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Albany Hosting web pages describing the package of Services purchased at the time of purchase. In some cases, Albany Hosting may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Albany Hosting reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by Albany Hosting for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Albany Hosting as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Albany Hosting.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

Albany Hosting will monitor User's use of bandwidth, disk usage and other resources. Albany Hosting, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Albany Hosting's sole and absolute discretion.
If Albany Hosting takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Albany Hosting learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Albany Hosting may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Albany Hosting will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Albany Hosting does not take responsibility if e-mail notification(s) is not received by the User. Albany Hosting reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

Uptime Guarantee

5.1. Albany Hosting promises a 99.9% uptime guarantee based on the availability of the Services your Account directly utilizes over a period of 1 month.
5.2. Uptime will be judged solely by monitoring services that Albany Hosting directly contracts or utilizes.
5.2.1. Statistics from third-party monitoring services will not be honored for this guarantee.
7. Public Nature of the Internet and Data Integrity

7.1. The Internet, and Albany Hosting network, are considered publicly accessible and should be treated as such. Albany Hosting will not be held liable for any unauthorized access to your data. Any data that is deemed confidential, classified, personal, private, et al. shall not be hosted on the Services.
7.2. Albany Hosting is not responsible for maintaining backups of any data stored on the Services.
7.3. Albany Hosting is not liable or monetarily responsible for any data loss or corruption under any circumstances.
7.3.1. This includes, but is not limited to, Sites that are compromised, modified, or changed by a Customer or third party, with or without the consent of the Customer, in any way.
7.4. Albany Hosting is not liable or monetarily responsible for any damages incurred due to any service outages under any circumstances.
8. Abuse and Law Enforcement

8.1. By utilizing our Services, the Customer consents to having their Account monitored for activity that may breach this agreement. Information gathered during monitoring will not be used in any way other than ensuring the terms set forth in this agreement are upheld.
8.2. It is the responsibility of Albany Hosting to comply with any requests set forth by law enforcement officials and courts within the bounds of United States federal and local laws. Any actions on your Account mandated by the order of a law enforcement official or court will be taken without notice to the Customer, unless otherwise instructed by the aforementioned parties.
8.3. It is the responsibility of Albany Hosting to comply with properly formatted DMCA complaints as set forth by The Digital Millennium Copyright Act of 1998. In the event we receive a DMCA complaint for an Account, it is our policy to expeditiously remove content that is the subject of a correctly prepared notice under Section 512(c). It is our policy to replace removed content if our customer submits a properly prepared counter notice under the DMCA. More information about The Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf
8.4 By ordering you agree that service will not be used in or ordered from Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or any organization or company on the United States Commerce Department's "Denied Parties List."
9. Indemnification

9.1. The Customer agrees that it shall defend, indemnify, save and hold Albany Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Albany Hosting, its agents, its customers, and Employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns.
9.2. Customer agrees to defend, indemnify and hold harmless Albany Hosting against liabilities arising out of:
9.2.1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Albany Hosting
9.2.2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
9.2.3. Copyright infringement
9.2.4. Any defective products sold to customers from the Services.
10. Arbitration

10.1. By using any Services, you agree to submit to binding arbitration. If any disputes or claims arise against Albany Hosting or its agents or Employees, an arbitrator of Albany Hosting's choice will handle such disputes. An arbitrator from the American Arbitration Association will be selected in the state of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration section. You are also responsible for any and all costs related to such arbitration.
11. Disclaimer

11.1. Albany Hosting is not liable for any damages or losses a Customer or the business of a Customer may suffer. Albany Hosting makes no expressed or implied warranties of any kind. Albany Hosting disclaims any warranty or merchantability for any particular purpose or service. This includes the terms of set forth by this document.

Promotional Terms:

1.0. During the month of January, 2015. Albany Hosting has a limited time offer for our "Starter" plan of $4.95/mo for life. The Term "for life" will survive during the full existence of our "Starter" plan. This offer is only valid for new sign ups during the months, January and Feburary of 2015. Offer Expires during the close of Feburary, 2015.

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