Terms of Service
By using the alphapms.com or any sub-domain web sites (“Service”) you
are agreeing to be bound by the following terms and conditions (“Terms of
Service”).
AlphaPMS reserves the right to update and change the Terms of Service from time
to time without notice. Any new features that augment or enhance the current Service,
including the release of new tools and resources, shall be subject to the Terms
of Service. Continued use of the Service after any such changes shall constitute
your consent to such changes. You can review the most current version of the Terms
of Service at any time at: http://www.alphapms.com/terms
Violation of any of the terms below will result in the termination of your Account.
While AlphaPMS prohibits such conduct and Content on the Service, you understand
and agree that AlphaPMS cannot be responsible for the Content posted on the Service
and you nonetheless may be exposed to such materials. You agree to use the Service
at your own risk.
Account Terms
- You must be 13 years or older to use this Service.
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You must be a human. Accounts registered by “bots” or other automated
methods are not permitted.
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You must provide your legal full name, a valid email address, and any other information
requested in order to complete the signup process.
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Your login may only be used by one person – a single login shared by multiple
people is not permitted.
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You are responsible for maintaining the security of your account and password. AlphaPMS
cannot and will not be liable for any loss or damage from your failure to comply
with this security obligation.
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You are responsible for all content posted and activity that occurs under your subscription
or account.
- If you are using a free account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
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You may not use the Service for any illegal or unauthorized purpose. You must not,
in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
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A valid paypal account is required for paying accounts. Free accounts are not required
to provide a paypal account
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An upgrade from the free project plan to any paying plan will require immediate
billing of your first month.
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The Service is billed in advance on a monthly basis and is non-refundable. There
will be no refunds or credits for partial months of service, upgrade/downgrade refunds,
or refunds for months unused with an open account. In order to treat everyone equally,
no exceptions will be made.
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All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of all such taxes, levies, or duties.
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Any upgrade or downgrade will only be effective at the beginning of your next billing
cycle.
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Downgrading your Service may cause the loss of Content, features, or capacity of
your Account. AlphaPMS does not accept any liability for such loss.
Cancellation and Termination
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In order to cancel your account you must downgrade your subscription to a free plan
and cancel your Paypal/Google Checkout subscription.
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If you cancel your paypal subscription and don't downgrade your AlphaPMS subscription
to a free plan your projects will be suspended at the beginning of your next billing
cycle.
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All of your Content will be immediately deleted from the Service upon cancellation.
This information can not be recovered once your account is cancelled.
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If you cancel the Service before the end of your current paid up month, your cancellation
will take effect immediately and you will not be charged again.
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AlphaPMS, in its sole discretion, has the right to suspend or terminate your account
and refuse any and all current or future use of the Service, or any other AlphaPMS
service, for any reason at any time. Such termination of the Service will result
in the deactivation or deletion of your Account or your access to your Account,
and the forfeiture and relinquishment of all Content in your Account. AlphaPMS reserves
the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
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AlphaPMS reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
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Prices of all Services, including but not limited to monthly subscription plan fees
to the Service, are subject to change upon 30 days notice from us. Such notice may
be provided at any time by posting the changes to the AlphaPMS Site (www.alphapms.com)
or the Service itself.
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AlphaPMS shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
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We claim no intellectual property rights over the material you provide to the Service.
Your profile and materials uploaded remain yours.
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AlphaPMS does not pre-screen Content, but AlphaPMS has the right (but not the obligation)
in their sole discretion to refuse or remove any Content that is available via the
Service.
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The look and feel of the Service is copyright©2008-2009 Dynamik Duo, Inc. All
rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS
or visual design elements without express written permission from AlphaPMS.
General Conditions
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Your use of the Service is at your sole risk. The service is provided on an “as
is” and “as available” basis.
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Technical support is only provided to paying account holders and is only available
via email.
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You understand that AlphaPMS uses third party vendors and hosting partners to provide
the necessary hardware, software, networking, storage, and related technology required
to run the Service.
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You must not modify, adapt or hack the Service or modify another website so as to
falsely imply that it is associated with the Service, AlphaPMS, or any other AlphaPMS
service.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service without the express
written permission by AlphaPMS.
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We may, but have no obligation to, remove Content and Accounts containing Content
that we determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
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Verbal, physical, written or other abuse (including threats of abuse or retribution)
of any AlphaPMS customer, employee, member, or officer will result in immediate
account termination.
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You understand that the technical processing and transmission of the Service, including
your Content, may be transfered unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
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You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam”
messages using the Service.
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You must not transmit any worms or viruses or any code of a destructive nature using
the Service.
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If your bandwidth usage significantly exceeds the average bandwidth usage (as determined
solely by AlphaPMS) of other AlphaPMS customers, we reserve the right to immediately
disable your account or throttle your file hosting until you can reduce your bandwidth
consumption.
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AlphaPMS does not warrant that (i) the service will meet your specific requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the
results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased
or obtained by you through the service will meet your expectations, and (v) any
errors in the Service will be corrected.
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You expressly understand and agree that AlphaPMS shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if AlphaPMS has been advised of the possibility of such damages), resulting
from: (i) the use or the inability to use the service; (ii) the cost of procurement
of substitute goods and services resulting from any goods, data, information or
services purchased or obtained or messages received or transactions entered into
through or from the service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on the service;
(v) or any other matter relating to the service.
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The failure of AlphaPMS to exercise or enforce any right or provision of the Terms
of Service shall not constitute a waiver of such right or provision. The Terms of
Service constitutes the entire agreement between you and AlphaPMS and govern your
use of the Service, superceding any prior agreements between you and AlphaPMS (including,
but not limited to, any prior versions of the Terms of Service).
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Questions about the Terms of Service should be sent to support at alphapms dot com.