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1. No illegal spamming, illegal pornography, unsolicited email, warez, serial
numbers, cracks, codes, stolen/shared MP3's etc...
2. No Server abuse.
3. Bill is monthly/Every Six Months or Yearly.
4. If you violate any of the above policies, HostApples.com will cancel your
account (we always contact you first).
5. You lose your 30 day money back guarantee if you violate our AUP/TOS.
6. No IRC on our networks.
Acceptable Use Policies (AUP)
HostApples.com has certain ethical, legal and moral responsibilities consisting
with the use of its servers and equipment involved in the services of web site
hosting. HostApples.com reserves the right to suspend, deny or cancel a
subscriber's access to any or all services provided by HostApples.com whenever
HostApples.com decides the services it has rendered have been inappropriately
used. Use of HostApples.com's service constitutes acceptance and agreement to
our policies.
Web Site, Server, and Network Content/Use Provisions
All services provided by HostApples.com and its underlying service providers may
be used for lawful purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any United States federal, state
or city law is prohibited.
This includes, but is not limited to: copyrighted material, material we judge to
be threatening or obscene, material protected by trade secret and other
statutes, material that would cause harm to minors, threats and harassment,
forgery, fraud, unfriendly network disruptions, and distribution of viruses. The
subscriber agrees to indemnify and hold harmless HostApples.com from any claims
resulting from the use of the service which damages the subscriber or any other
party.
The subscriber also agrees that HostApples.com may disclose, without subscribers
consent, any and all information related to the subscriber and their service
with HostApples.com to any law enforcement agent who makes a written request.
HostApples.com is not responsible for any material input by anyone other then
HostApples.com and/or posted to the HostApples.com network by anyone other then
HostApples.com. This includes the content and links on websites hosted by
HostApples.com.
HostApples.com disclaims any liability and responsibility relating to
inappropriate use or inappropriate content of anything hosted by HostApples.com
that HostApples.com did not solely create and post to the HostApples.com
network.Spamming: HostApples.com prohibits its users from sending unsolicited
e-mail messages (“spamming”), including, but not limited to: Posting the same,
or similar, messages to one or more Usenet or other newsgroups, forums, e-mail
mailing lists or other similar groups or lists; Posting any Usenet or other
newsgroup, forum, e-mail mailing list or other similar group, or list articles
which are off-topic or otherwise violate the rules of the charter or other
owner-published FAQ or description of the group or list;
Sending unsolicited e-mail, including commercial advertisements and
informational announcements to Internet users, or any unsolicited e-mail that
could reasonably be expected to provoke complaints; Using e-mail to engage in
harassment, whether through language, frequency or messages. Continuing to send
someone e-mail after being asked to stop is considered harassment;
Sending e-mail with falsified or obscured header or information designed to
hinder the identification of the location of what is advertised; Collecting
replies to either
(i) unsolicited e-mail messages or
(ii) messages that were either sent through another provider which violate these
rules or those of the other provider. Users who send bulk e-mail to “opt-in”
list must have a method of confirming or verifying subscriptions and be able to
show evidence of subscriptions for users who complain about unsolicited e-mail.
The Company’s receipt of complaints from Internet users related to e-mails
received due to users use of “opt in” list shall be a violation of this AUP. Any
user that gets any of HostApples.com's IPs listed on any legitimate Spam Block
or Black hole list such as but not limited to SpamCop or Spamhaus will be billed
a $150 charge to subscribers account and additionally a $50 per hour
administrative charge to remove the block and protect our IP ranges and mail
servers.Pornography:
Pornography is prohibited on any HostApples.com server. HostApples.com will be
the sole arbiter as to what constitutes a violation of this provision but in
general if its legal for all ages to see, its ok, if you have to be 18 or 21 to
view, then its not ok. HostApples.com also reserves the right not to host sites
that it considers, in its sole discretion, to be religiously or racially
offensive or inflammatory. HostApples.com will not host warez sites or anything
related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's
or anything else that would considered illegal by the laws governing the
citizens of the United Kingdom and United States and or related local laws doe
other countries.
With the few exceptions listed above and below, we support the uncensored flow
of information and ideas over the internet. We do not actively monitor the
information that our subscribers transmit and receive, however, we do react
immediately to any alleged violations of any of our policies in which case we
reserve the right to monitor anything on our network and any packet of
information that traverses our network.Background-running Programs: (for virtual
accounts) We may allow programs to run continuously in the background.
These are considered on an individual basis and an extra charge may be incurred
based on system resources used and operational maintenance needed. Server Abuse
Issues: (for all accounts) Any attempts to undermine or cause harm to
HostApples.com servers or the servers of its underlying service providers or a
subscriber of HostApples.com or its underlying service providers is strictly
prohibited.Network Security:
Subscribers are prohibited from violating or attempting to violate the security
of the HostApples.com network or any of its other subscribers, and should a
violation take place, civil or criminal liability may result. HostApples.com
will investigate any alleged violations and cooperate fully with law
enforcement.
Violations include but are not limited to the attempt to login to any machine
which the subscriber is not exclusively paying for, interfering with any service
by DDos attacking, mail bombing or anything else that would be detrimental to
the services that HostApples.com provides, attempting to probe or scan or test
the vulnerability of any machine on the HostApples.com network, forging any IP
address, and taking any action in an attempt to receive services that the
subscriber is not paying for. A violation of any of the above may result in
immediate removal from the network.
Terms of Service
Right To Refuse Service and Cancel Accounts:
HostApples.com reserves the right not to accept accounts for hosting for any
reason it deems appropriate. We also reserve the right to cancel an account at
anytime, for any reason, other than those stated specifically in this policy
statement, with 15 days notice. Accounts that violate any of the policies
specifically stated herein, including late payment or non-payment of fees owed,
may be canceled with no notice.
Communication
Our primary means of communications with clients, including for billing purposes
and technical support is by e-mail. You must supply us with your current e-mail
address so that we may contact you at any time. We cannot be held responsible
for not notifying you of account cancelation if you do not supply us with your
correct and current e-mail address. You should check your e-mail regularly to
make sure you do not miss an important notice.
Deactivation
If any of these terms or conditions are not followed it will result in grounds
for account deactivation. We reserve the right to remove any account without
notice if any of the terms or conditions stated herein are violated. If such an
occurrence takes place, the fees for that month's service will not be refunded
to the subscriber. Fees for the entire month are due if the account is active
for any amount of time, even just one day during that month. If we deem it
necessary to cancel an account for any reason other than those specifically
stated in this document, we will give you a 15-day notice of cancelation by
e-mail.
HostApples.com reserves the right to make any changes to its policies and
Hosting plans, pricing, bandwidth providers, IP's, and features offered at any
time as necessary and in no way implies fitness of purpose warranties.
HostApples.com reserves the right to refuse service to anyone. HostApples.com
reserves the right to determine what violates any of HostApples.com's policies.
Transfer of Service
Subscriber shall not transfer ownership of their service with HostApples.com to
any other person or entity without prior written consent from HostApples.com. If
HostApples.com agrees to allow the transfer of service, the new subscriber must
agree to the HostApples.com TOS and AUP.
Term of service
All hosting packages are billed either monthly, every six or 12 months.
Service Level Agreement
HostApples.com guarantees 99.4% network uptime as a general rule excluding
scheduled maintenance and internet wide vulnerabilities (things like linux
slapper, sql sapphire and others that have taken large parts of the internet
down due to thing far beyond the control of HostApples.com), although we average
99.98% uptime.
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company shall not
be liable for any damages arising from such causes beyond the direct and
exclusive control of HostApples.com.
Subscriber further acknowledges that the company's liability for its own
negligence may not in any event ever exceed an amount equivalent to charges
payable by subscriber for services during the period damages occurred. In no
event shall the company be liable for any special or consequential damages, loss
or injury.
Disclaimer
HostApples.com will not be responsible for any damages your business may suffer.
HostApples.com makes no warranties of any kind, expressed or implied for any
service we provide. HostApples.com disclaims any warranty or merchantability or
fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries, wrong
delivery, lack of customer backups, lack of data integrity and any and all
service interruptions caused by HostApples.com and its employees. Subscriber
acknowledges that the service that is provided can be interrupted for reasons
other then the negligence of HostApples.com.
Subscriber agrees that HostApples.com cannot be held liable for any damages
arising from any disruption of service that is outside the direct and exclusive
control of HostApples.com. Subscriber also acknowledges that the absolute limit
of any liability for anything for any reason to any subscriber at all can never
exceed an amount equivalent to the charges payable by the subscriber to
HostApples.com during the period in which damages are alleged to have occurred.
HostApples.com reserves the right to revise its policies at any time without
notice. Subscribers must adhere to the policies and changes as they are made.
Sincerely,
Andre J Hendricks (CEO, Founder)
HostApples.com
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