What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of AptHost's services implies agreement with these terms!

These TOS were last updated on August 20, 2010.

Questions?

Any questions regarding this agreement should be sent to AptHost's sales department prior to signing up for service.

Terms of Service

AptHost provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using AptHost services.

Service Agreement

The AptHost Service Agreement is a separate agreement between AptHost and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using AptHost's services. Contact our sales department for any clarifications.

Link: Service Agreement

Resource Usage Policy

The AptHost Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using AptHost's services. Contact our sales department for any clarifications.

Link: Resource Usage Policy

Domain Registration Agreement

The AptHost Domain Registration Agreement is applicable for all domains registered by or transferred to AptHost by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

Link: Domain Registration Agreement

Content

All services provided by AptHost 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, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless AptHost from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content

• Pirated software
• Bulk Email related products
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Material illegal under United States of America law
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

AptHost will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Copyright Violations

AptHost will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If AptHost's system administration team determines that an account is utilizing an unacceptable amount of system resources, AptHost may temporarily deactivate the account in question. If AptHost's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; AptHost will do all it can to assist customers prior to this scenario.

AptHost will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Link: Resource Usage Policy

Backups

AptHost performs nightly backups of shared and reseller servers; however, these backups are for AptHost's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. AptHost does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on AptHost's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a AptHost server or using a return email address that is maintained on a AptHost server is STRICTLY prohibited. Using SPAM to advertise a site hosted on AptHost's network also constitutes as a violation of this provision. AptHost will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Support Abuse

At AptHost, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Server Abuse

Any attempts to undermine or cause harm to a AptHost server or customer of AptHost is strictly prohibited.

AptHost will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. AptHost will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department; hours for Billing can be found here. To cancel an account, submit your cancellation request to Billing via email or complete the cancellation request via the Customer Portal. To expedite your request, be sure to include the following information:

• Primary domain name on the account
• Answers to the security question on file
• Verification that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers.

Refund

Outside of the 45 Day Money Back Guarantee, refunds are not offered.

Our 45 Day Money Back Guarantee applies to the following services only:

• Shared Web Hosting
• Reseller Hosting

Our 15 Day Money Back Guarantee applies to the following services only:

• Managed VPS Hosting
• Unmanaged VPS Hosting

The Money Back Guarantee does not apply to nor are refunds available for the following services:

• Semi-Dedicated Hosting
• Managed Dedicated Servers
• Unmanaged Dedicated Servers
• Domain Name Registrations/Transfers/Renewals
• SSL Certificates
• Pre-Funding an Account

Note that the 15/45 day period ends exactly 15/45 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. This guarantee is VOID if your account violates our Terms of Service or Resource Usage Policy. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, WHMCS licenses, etc., are non-refundable.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to AptHost's discretion). Any accounts and/or servers contained within AptHost's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

AptHost reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.