Apis Networks agrees to furnish services to the Subscriber, subject
to the following TOS ("Terms of Service").
Use of Apis Networks Service constitutes acceptance and agreement to
Apis Networks' AUP ("Acceptable Use Policy") as well as Apis Networks' TOS.
All provisions of this contract are subject to the TOS (Terms of Service)
of Apis Networks. and AUP. The AUP may be changed
from time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with
the laws of the United States of America.
- Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber. In addition
Apis Networks shall have the right to terminate all service set forth
in this Agreement.
- Service Rates: Subscriber acknowledges that the
nature of the service furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber is aware that the
Company may prospectively change the specified rates and charges from
time to time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited
to rates charged to company by its suppliers.
- Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that month's
- Payments and Fees: Credit cards that are declined
for any reason are subject to a $1.00 declination fee. Service will
be interrupted on accounts that reach 25 days past due. Service interrupted
for nonpayment is subject to a $200 reconnect charge. Accounts not
paid by due date are subject to a $7.95 late fee. Accounts that are
not collectable by Apis Networks may be turned over to an outside
collection agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and Collection"
Fee of not less than $50 nor more than $150. If you desire to cancel
your account, please follow the proper procedure to do this as outlined
in this TOS.
- Refund and Disputes: All monthly, three month payments,
and bandwidth penalization fees from overuse to Apis Networks are
nonrefundable. This includes the one time setup fee for a domian,
if purchased, and subsequent charges regardless of usage. Users who
are in possession of six month or yearly account payments will be
refunded 40% of the product of 'months left * average cost per month'.
All overcharges or billing disputes must be reported within 60 days
of the time the dispute occurred. If you dispute a charge to your
credit card issuer that, in Apis Networks' sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree to pay
Apis Networks an "Administrative Fee" of not less than $50
and not more than $150. Users found in violation of the AUP or TOS
will not be refunded.
- Failure to Pay: Apis Networks may temporarily deny
service or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
- Account Cancellation: All requests for canceling
accounts must be made e-mailed with at least 30 days notice but not
more than 60 days prior written notice and sent to firstname.lastname@example.org.
You must have all account information to cancel. A PGP method of securing
the e-mail is preferable.
- Injury/Loss: 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 the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event 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.
- New Domain Accounts: All new webhosting accounts
involving new domains will be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen complications, however,
this process may sometimes require up to 7 business days. If the new
domain is registered by the account holder, there will be no handling
fee. If the domain is registered by Apis Networks on behalf of the
account holder a handling fee will be incurred.
- Transfer of Domains: New web hosting accounts which
involve the transfer of a domain from another provider to Apis Networks
will require a minimum of five (5) days to be set up and entered into
our DNS servers. In some cases, such transfers may take up to sixty
(60) days. Due to the unpredictable nature of the transfer process,
no guarantees are made regarding the amount of time a specific transfer
- Support Boundaries: Apis Networks, provides 24
x 7 technical support to our subscribers (except for few holidays
and short company meetings when we close our center.) We limit our
technical support to our area of expertise. The following is our guidelines
when providing support: Apis Networks provides support related to
your server or virtual site physical functioning. Apis Networks does
not offer tech support for application specific issues such as CGI
programming, html or any other such issue. Apis Networks does not
provide technical support for YOUR users. If you can email, we encourage
you to email email@example.com for assistance. If you are able
to get online and have other questions,
the answers may be on our home page at http://www.apisnetworks.com/resources.php.
If the 'Resource Center' is unable to answer your question, then
the Help files in the program you
are using may have the answer to your question so please do investigate
these resources before calling our tech support.
- Limitations of 60-day Money-back Guarantee: If the account
is terminated in accordance with an AUP violation,
then the 60-day Money-back Guarantee ("The Guarantee") offer will be forfeited. The
Guarantee terminates after 60 days following the initial account provision; after which, normal
policies disclosed in the TOS resume. The Guarantee excludes auxiliary services such
as domain registration and domain registrar transfers. Upon hosting charge refund from the Guarantee, the account
will be immediately terminated.
- SPAM and Unsolicited Commercial Email (UCE): Apis
Networks takes a zero tolerance approach to the sending of UCE ("Unsolicited
Commercial Email") or SPAM over our network. Very simply this
means that customers of Apis Networks may not use or permit others
to use our network to transact in UCE. Customers of Apis Networks
may not host, or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
- Violation of Apis Networks' SPAM policy will result in severe
penalties. Upon notification of an alleged violation
of our SPAM policy, Apis Networks will initiate an immediate investigation
(within 48 hours of notification). During the investigation, Apis
Networks may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation
of our SPAM policy, Apis Networks may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, Apis
Networks reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
Apis Networks will notify law enforcement officials if the violation
is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative
Fee" of $500 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $1,000 and immediate termination of your account.
Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research
Fees" not to exceed $175 per hour that Apis Networks personnel
must spend to investigate the matter. PLEASE, DO NOT SPAM from
- As our Customers are ultimately responsible for the actions
of their clients over the Apis Networks network, it is advisable
that Customers develop a similar, or stricter, policy for their
- IP Address Ownership: If Apis Networks assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to Apis Networks, and Customer
shall have no right to use that Internet Protocol address except
as permitted by Apis Networks in its sole discretion in connection
with the Services, during the term of this Agreement. Apis Networks
shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by Apis
Networks, and Apis Networks reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its
sole and absolute discretion. Our allocation of IP addresses is
limited by ARIN's new policies. These new policies state that
use of IP addresses for IP based virtual hosts will not be accepted
as justification for new IP addresses. What this means to you
is that you MUST use name-based hosting where possible. We will
periodically review IP address usage, and if we find that clients
are using IP addresses where name-based hosting could be used,
we will revoke authorization to use those IP addresses that could
be used with name-based hosting.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and
disk usage shall not exceed the number of megabytes per month
for the Services ordered by Customer on the Order Form (the "Agreed
Usage"). Apis Networks will monitor Customer's bandwidth
and disk usage. Apis Networks shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be taken is
in Apis Networks' sole and absolute discretion. If Apis Networks
takes any corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in advance prior
to such action.
- System and Network Security: Users are prohibited from violating
or attempting to violate the security of the Apis Networks Network.
Violations of system or network security may result in civil or
criminal liability. Apis Networks will investigate occurrences,
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are
involved in such violations. These violations include, without
- Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to
- Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
- Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such
User is not entitled.
- Notification of Violation:
- Apis Networks is under no duty to look at each customer's or
user's activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor
or police Internet-related activities.
- First violation: Any User, which Apis Networks determines to
have violated any element of this Acceptable Use Policy, shall
receive an email, warning them of the violation. The service may
be subject at Apis Networks' discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
- Second Violation: Users that Apis Networks determines to have
committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
- We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from
your network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you
as soon as is feasible.
- Suspension of Service or Cancellation: Apis Networks
reserves the right to suspend network access to any customer if in
the judgment of the Apis Networks network administrators the customer's
server is the source or target of the violation of any of the other
terms of the AUP or for any other reason which Apis Networks chooses.
If inappropriate activity is detected, all accounts of the Customer
in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The customer
will not be credited for the time the customer's machines were suspended.
- Amendments: Apis Networks reserves the right to
amend its policies at any time. All managed servers of Apis Networks
must adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these Terms
and conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called Acceptable
- Indemnification: Apis Networks wishes to emphasize
that in agreeing to the Apis Networks Acceptable Use Policy (AUP)
and Terms of Service (ToS), customer indemnifies Apis Networks for
any violation of the Acceptable Use Policy (AUP) and Terms of Service
(ToS) that results in loss to Apis Networks or the bringing of any
claim against Apis Networks by any third-party. This means that if
Apis Networks is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against Apis Networks,
plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract
at anytime without further obligation.
- Apis Networks takes no responsibility for any material input
by others and not posted to the Apis Networks Network by Apis
Networks. Apis Networks is not responsible for the content of
any other websites linked to the Apis Networks Network; links
are provided as Internet navigation tools only. Apis Networks
disclaims any responsibility for any such inappropriate use and
any liability to any person or party for any other person or party's
violation of this policy.
- Apis Networks is not responsible for any damages your business
may suffer. Apis Networks does not make implied or written warranties
for any of our services. Apis Networks denies any warranty or
merchantability for a specific purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by Apis Networks.
- IRC: Apis Networks subscribers who use the "Shared
Hosting" option are not permitted to run IRC servers, IRC clients,
or IRC bots. Due to the anonymity of the Internet and ability to masquerade
as a faux host, IRC interaction is explicitly prohibited.
Any user caught violating this policy will immediately
be removed from the server regardless of past payment history, reputation,
et al. Java-based IRC clients which have a temporal life, such as
a jIRC Java applet to increase a viewer's role in the site are not
inclusive of this policy.