PROVIDER Terms and Conditions

Agreement

This agreement is between Apexhost.com (hereinafter referred to as PROVIDER), and the on-line individual or entity who is applying for Internet-related Services, (hereinafter referred to as CLIENT). CLIENT agrees to an on-line, paperless subscription service, which will be automatically charged on a recurring basis until the service is explicitly cancelled by either CLIENT or PROVIDER. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT's knowledge. CLIENT agrees that the act of submitting an online application form constitutes acceptance of all terms and conditions associated with the services applied for and that the act of online submission shall be in lieu of written signature.

Prohibited Uses

CLIENT Agrees that all services may be used for lawful purposes only. transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material PROVIDER judges to be threatening or obscene, or material protected by trade secret and other statute. The CLIENT agrees to indemnify and hold PROVIDER harmless from any claims resulting from the use of the service which damages the CLIENT or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to PROVIDERS servers or any other server on the internet. Links to such materials are also prohibited.

Bulk Emails: In addition any site selling or promoting Bulk email services is not allowed.

Examples of non-acceptable content or links (unless otherwise noted):

• Pirated software
• Hackers programs or archives
• Warez Sites
• Irc Bots
• Mp3

PROVIDER will be the sole arbiter as to what constitutes a violation of this provision.

Traffic Guidelines

Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 500mb of free traffic per month:

• Sub hosting - any domain housing additional users
• Shareware, sound, video, image, multimedia and mp3 archives
• Mirror sites or Sites with Banners, graphics or cgi's running from CLIENT's domain used on other domains.
• Distribution points
• Any site whose primary purpose is file distribution (This is any site where 20% or more of there monthly traffic is from file downloads)
• Sites using more than 20% of system resources.
• For those of you who do not qualify, additional bandwidth usage over the amount allotted in the hosting plan or the pre-arranged, pre-paid amount will be billed at the end of that month to the pre-arranged credit account. Billing of additional bandwidth usage is subject to all other terms of this agreement and no refund will be given on the charges. PROVIDER currently charge an extra 13c per meg for any extra bandwidth (unless otherwise specified).

PROVIDER will be the sole arbiter as to what constitutes a violation of this provision.

Bandwidth (traffic)

Please note: Very few accounts ever exceed their monthly bandwidth limit.
Bandwidth is the amount of data transferred to and from the server when you visit a web site.
Each account has a bandwidth limit as per advertised plan on our website:

On average across the PROVIDER network, websites use a 7 to 1 ratio. For every 1 megabyte of inbound traffic (Traffic from the Internet to the server) results in 7 megabyte of outbound Traffic (Traffic from the server to the Internet) CLIENT agrees that a normal website/application hosted on PROVIDER system will operate with 5 to 1 to 7 to 1 Ratio. This amount is considered normal website traffic pattern. All hosting plans show amounts in OUTBOUND data/traffic, that is: data/traffic from the PROVIDER server to the Internet. Any CLEINT exceeding the PROVIDER recomended (5:1 to 7:1) ratio may have to pay excess fees or upgrade to an appropriate plan.

If the plan limit is exceeded in any month, CLIENT will be asked (Via Email) to upgrade to the appropriate plan for the next month. If client does not respond to upgrade request PROVIDER will automatically upgrade the CLIENT plan to the appropriate plan. CLIENT agrees that PROVIDER may charge additional rates for excess data at a maximum of 13 cents per megabyte.   Any unused portion of CLIENTS Maximum Monthly Data Download limit (bandwidth) is forfeited at the end of each month.

CGI Scripts, ASP, DotNet or any other scripts.

CLIENT's are free to use any scripts CLIENT wishes, however PROVIDER reserve the right to disable any script that effects normal server operation.

Databases

PROVIDER provides 4 types of databases.

1. Microsoft Access Driver MDB
2. Excel Driver XLS
3. SQL Server 2000/2005/2008
4. ODBC DSN

CLIENT agrees that use of any of the above listed types of databases if:

1. CLIENT must keep backups of databases at all times.
2. CLIENT understands that PROVIDER is not liable for loss or damage of databases.
3. CLIENT has the knowledge necessary to successfully setup and use either 1 or all of the above types of databases. PROVIDER is supplying CLIENT the ability to use these methods, PROVIDER is not a training centre nor does it assume or advertise to be.
4. The Client agrees that he or she has the necessary knowledge to create and maintain their databases using the above methods.

Backups

As a courtesy, PROVIDER maintains a backup service on shared hosting accounts. CLIENT can not request a backup or restoral of files. PROVIDER makes a good faith effort to ensure that backups are complete and accurate; however there is no guarantee of data availability or integrity. PROVIDER is not responsible for CLIENT's files. CLIENT is solely responsible for their independent backup of data stored on PROVIDER's server and network. In some cases, backups may not be available for requested accounts or files. CLIENTs are strongly advised to periodically and frequently backup data to their own local computer.

Chat Rooms

PROVIDER does not allow CLIENT's to install their own chat rooms. These tend to be large system hogs and PROVIDER cannot allow it as an account option. 

Background Running Programs

PROVIDER may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

PROVIDER currently does not allow IRC or IRC bots to be operated on our servers.

30 Day Money Back Guarantee (Refunds)

If a client cancels a web hosting account within the first 30 days, they will be entitled to a full refund of all hosting fees paid, without any penalty.  This 30 Day Money back guarantee applies to hosting clients who choose Monthly, 3 Monthly, 6 Monthly or Yearly payments. However, if a client cancels their account after 30 days of service, they will not be entitled to a refund.

Commercial Advertising - Email:

PROVIDERS servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. CLIENT's domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on PROVIDERS servers is prohibited. PROVIDER considers spam any mass unsolicited message in the mediums of Newsgroups and Email. If CLIENT's are found to have spammed, then PROVIDER will immediately, without warning, disable CLIENT's domain. In addition, PROVIDER will impose a $150 penalty for each spam policy violation. PROVIDER reserves the right to refuse or cancel service to known spammers. Lastly, PROVIDER reserves the right to determine what violates this policy.

Email Terms:

PROVIDER provides the email system to the client on understanding that:

PROVIDER will delete any emails stored in your deleted, spam or outbox folders after 30 days and delete all stored emails 60 days old. If you cancel your account your emails/files/accounts will be deleted 7 days after account closure. Apexhost.com mail servers are intended to receive and deliver emails to you via your computer or Webmail system, we do not provide a mail storage solution, emails stored on our servers are at your risk and you understand that the above storage removal rules apply to stored emails. NOTE: If you delete your email accounts from our control panel/s this means the email account and ALL emails related to that account are DELETED, the word DELETE means gone, non recoverable, deleted, not available any more.

Server FAIR usage policy

Any violation of the below will result in immediate deactivation of services without refund.

• Server Abuse.
• Any attempts to undermine or cause harm to a server is strictly prohibited.
• The CLIENT agrees to reasonable server CPU, memory, as well as bandwidth determined by PROVIDER
• The CLIENT agrees that it has the necessary knowledge to create and maintain their web-site.
• CLIENT agrees that it is not the responsibility of PROVIDER to provide this knowledge or Customer Support outside matter specific to PROVIDER servers.
• CLIENT agrees that scripts or files that cause server failure/slowdown and or disruption to other users, PROVIDER will disable or shutdown CLIENT'S account.

Indemnification

CLIENT agrees that it shall defend, indemnify, save and hold PROVIDER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PROVIDER, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, it's agents, employees or assigns. CLIENT agrees to defend, indemnify and hold harmless PROVIDER against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PROVIDER server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Terms and Termination

This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless written notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If CLIENT does not notify PROVIDER of cancellation request at least 7 days in advance of date of execution, the CLIENT will be responsible for the payment due for the next equivalent period. Fee for late payment is $20.00. Any service disconnection or suspension shall require a $25.00 re-connect fee.

Refusal of Service

PROVIDER reserves the right to refuse or cancel service at PROVIDERS sole discretion.

Password Policy

PROVIDER is not responsible for CLIENT usernames and or passwords. It is the CLIENT'S responsibility to keep safe, usernames and passwords. If CLIENT looses usernames and or passwords PROVIDER will reset the username or password for the CLIENT. PROVIDER may need to delete accounts and re-setup accounts in some cases. For security measures PROVIDER does not allow staff access to CLIENT passwords. PROVIDER reserves the right to charge for changing or deleting accounts due to CLIENT loss of passwords.

Force Majeure

a) If PROVIDER is delayed or interrupted in, or prevented from, performing its obligations (other than an obligation to pay money for services already delivered) under this Agreement by an event of Force Majeure, the PROVIDER will not be in breach of this Agreement and the time for performance of its obligations will be extended by a period of time equal to the duration of the cause of the delay, interruption or prevention.

(b) If the PROVIDER affected by an event of Force Majeure it must give the CLIENT notice of the particulars of the event within 48 hours, and take reasonable steps to remove or mitigate the relevant event of Force Majeure.

{c) If the Force Majeure event persists for a period of 28 days or more, the PROVIDER may give notice to the CLIENT to terminate this Agreement with effect from a date specified in the notice, without penalty or other liability.

(d) For the purpose of this clause, Force Majeure means any cause beyond the reasonable control of the PROVIDER, affecting the performance by its obligations under this Agreement, including:

(i) any failure or delay by the PROVIDER in performing any of its obligations under this Agreement;

(ii) any prohibitions or restrictions of a legislative or governmental nature;

Disclaimer

PROVIDER will not be responsible for any damages the CLIENT business may suffer. PROVIDER makes no warranties of any kind, expressed or implied for services PROVIDER provides. PROVIDER disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by PROVIDER and/or its employees. PROVIDER reserves the right to change or update policies without notice. PROVIDER is not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.