Introduction
Apto Hosting is dedicated to
providing top quality hosting at very reasonable prices. The conditions
which follow are necessary to ensure that we may continue to provide
the best possible service to all of our customers whilst at the same
time satisfying our legal and ethical responsibilities.
Failure to follow any condition
will be grounds for immediate account deactivation without notice. Apto
Hosting will be the sole arbiter as to what constitutes a violation
of any of these provisions.
Activity which results in the
suspension or deactivation of an account will result in a forfeiture
of all fees paid. Complaints made regarding abuses of an account will
be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses
or any violations of these policies, please contact our abuse department
at abuse(@aptohosting.com).
Illegal Usage
Apto Hosting servers may be
used for lawful purposes only. Transmission, storage, or distribution
of any information, data or material in violation of any applicable
law or regulation is prohibited. This includes, but is not limited to:
copyrighted material, trademark, trade secret or other intellectual
property right used without proper authorization, and material that
is obscene, defamatory, constitutes an illegal threat, or violates export
control laws. Examples of non-acceptable content or links: pirated software,
hacker programs or archives, warez sites, MP3, and IRC bots. Any type
of forum/discussion board discussing where to obtain such files or one
that distributes the files is also prohibited. Sites related to HYIP
(High Yield Investment Programs), Ponzi schemes or pyramid schemes are
prohibited. The subscriber to Apto Hosting service agrees to indemnify
and hold harmless Apto Hosting from any claims resulting from the use
of the service that damages the subscriber or any other party. Apto
Hosting will be the sole arbiter as to what constitutes a violation
of this provision.
Illegal Content
Apto Hosting does not allow
torrent clients or trackers due to copyright issues and resource abuse.
Background daemons such as IRC bots, eggdrop, BitchX, XiRCON and any
other program that interferes with normal server operation are not allowed.
Web proxies are also not tolerated due to resource abuse. When using
an account with shell, you are not allowed to run any servers or services
on the Apto network. Servers are defined as perlbots, proxies, bitchX,
psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running
any of these will face an immediate suspension, and users will be subject
to a fine no less than $25.00 USD, and no more than $50.00 USD. Apto
Hosting reserves the right to terminate an account for these activities
also.
Chat Rooms
Apto Hosting does not provide
nor allow chat rooms on shared hosting environments. You may elect for
a dedicated server to run a chat room efficiently.
IRC
Apto Hosting does not allow
IRC or IRC bots to be operated on our shared or reseller servers. They
are allowed on dedicated servers provided that no negative effects occur
to our network.
Security
Users are prohibited from violating
or attempting to violate the security of the Apto Network. Violations
of system or network security may result in civil or criminal liability.
Apto Hosting will investigate occurrences, which may involve cooperation
with law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
1) Accessing data not intended
for such user or logging into a server or account, which such user is
not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization,
3) Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information
in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User
is not entitled,
6) Attempting to couple many hosting packages together to take advantage
of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use -
you are not allowed to purchase multiple plans to obtain combined bandwidth
& space. Apto Hosting will stop such transactions and label them
as deceptive. We have an upgrade path for all services and we can often
times work out special deals for users if they ask us for the assistance.
Violations of system or network
security are prohibited, and may result in criminal and civil liability.
Examples include, but are not limited to the following: Unauthorized
access, use, probe, or scan of a systems security or authentication
measures, data or traffic. Interference with service to any user, host
or network including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks. Forging of any
TCP-IP packet header or any part of the header information in an email
or a newsgroup posting.
Server Abuse
Any attempts to undermine or
cause harm to a Apto Hosting server or customer of Apto Hosting is strictly
prohibited. Any sub-networks of Apto Hosting and dedicated servers must
adhere to the above policies. The failure to meet or follow any of the
above guidelines are grounds for account deactivation. We reserve the
right to remove any account without prior notice.
Backup Policy
Apto Hosting takes extreme
steps to maintain system integrity. However, AptoHosting shall not be
held responsible for loss of data due to any cause. To ensure the highest
level of data protection, Apto Hosting recommends that ALL information
be backed up on your own computer. As with any data that you hold a
high importance to, it should be in more than one location at all times.
All Apto Hosting data backups are designed against hardware failure,
not customer user error.
Client Responsibility
The client is responsible for
all activity originating from the account unless proven to be a victim
of outside hacking or address forgery. The client is responsible for
securing their username/password. The client assumes responsibility
for all material on their site that may be put on by a third party.
Actions Taken
The failure by a customer to
meet or follow any of the above policies/terms is grounds for account
termination. Apto Hosting will be the sole arbiter as to what constitutes
a violation of the AUP. Apto Hosting reserves the right to remove any
account without prior notice.
When Apto Hosting becomes aware
of an alleged violation of its AUP, Apto Hosting will initiate an investigation.
During the investigation, Apto Hosting may restrict a customer's access
in order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, Apto Hosting may, at its sole discretion,
restrict, suspend, or terminate a customer's web hosting account and/or
pursue other civil remedies. If such violation is a criminal offense,
Apto Hosting will notify the appropriate law enforcement authorities
of such violation.
Apto Hosting does not issue
credits for outages incurred through service disablement resulting from
AUP violations.
Apto Hosting customers agree
to indemnify and hold harmless Apto Hosting from any claims resulting
from the use of our services that damages them or any other party. The
Apto Hosting service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including, but not
limited to, warranties of merchantability, fitness for a particular
purpose or non-infringement. Apto Hosting expressly disclaims any representation
or warranty that the Apto Hosting service will be error-free, secure
or uninterrupted. No oral advice or written information given by Apto
Hosting, its employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice. Apto Hosting and
its partners and suppliers will not be liable for any cost or damage
arising either directly or indirectly from any transaction or use of
the service.
Modification
Apto Hosting reserves the right
to add, delete, or modify any provision of this policy at any time without
notice.
Refusal of Service
We reserve the right to refuse,
cancel, or suspend service at our sole discretion. An example of refusal
of service is if an account continues to abuse our policies after warnings.
Refusal, cancellation or suspension of services especially holds true
to issues with spam or any script abuse. Another example of refusal
of service is if a customer becomes very unreasonable, unprofessional,
extremely difficult to work with or threatening. Said customer's account
will be suspended and we will recommend to the customer to find a new
host. A backup of the account(s) will be provided.
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