APCHosting Acceptable Use Policy and Service Guidelines

APCHosting provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Content Policy:
All services provided by APCHosting 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless APCHosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all APCHosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. APCHosting will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to APCHosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites

Email Policy:
APCHosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. APCHosting will be the sole arbiter as to what constitutes a violation of this provision. We have zero tolerance for SPAM.

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other APCHosting customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

The Following Scripts are NOT allowed on our servers:

UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers

Chat Policy:
APCHosting does not allow chat room scripts. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Misuse of System Resources:
Any attempt to undermine or cause harm to a server, or customer, of APC Hosting is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month or one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is done by APCHosting due to restrictions violation, there will be no refund. APCHosting will only allow for the discount if cancellation is not the fault of the client, as determined by APCHosting. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. APCHosting reserves the right to change prices at any time.

Account Cancellation:
You may cancel at anytime. To cancel your account, please contact Customer Service at support@apchosting.com. Notification of cancellation needs to be sent at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Suspension:
Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All sub-networks, distributive hosting sites, and dedicated servers of APCHosting must adhere to the above policies. fPlease direct any reports of violations of the above policies to abuse@apchosting.com.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer:
APCHosting will not be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by APCHosting are resold. Thus, certain equipment, routing, software, and programming used by APCHosting are not directly owned or written by APCHosting. Moreover, APCHosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as APCHosting sees fit. If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email before any action is taken and you will have a chance to resolve the matter.

Account Activation:
By activating your account with APCHosting, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If data loss occurs due to negligence of client in securing their account or by an action of the client, APCHosting will attempt to recover the data from the most recent archive for a $75.00 fee.

Modification of Policies:
APCHosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.