TOS (Terms of Service)
For Dedicated Server
APYL ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of APYL Service constitutes acceptance and agreement to APYL' AUP as well as APYL' TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of APYL and AUP (Acceptable Use Policy). 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 state of Texas
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 APYL 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 service. The above applies to all accounts and services provided by APYL.
Payments and Fees : Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $75 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by APYL 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 payments to APYL are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. 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 APYL' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay APYL an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay : The Company 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. End customers affected by a resellers failure to pay their dues, will be able to contact APYL and receive service directly only after the servers have been canceled.
Account or Server Cancellation : All requests for canceling accounts/servers must be made in writing with at least 7 days prior written notice (or Helpdesk ticket submission) and sent to APYL Attn: Cancellations, via fax to 877.350.3078. You must have all account information to cancel.
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.
Support Boundaries : APYL, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: APYL provides support related to your server hardware functioning. Scope of free or paid support service is available with JodoHost Sales Department, you can ask on LiveChat or by sending an email to [email protected].
Spam : Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Users found to be conducting unsolicited mass mailing will be fined an additional $300USD. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IRC : IRC activity linked to any major IRC network is forbidden within our services.
Complaints : Any activity that results in a legitimate complaint will result in immediate de-activation of the server. User agrees to allow access to the server to the TMS staff so that they can verify what the root of the problem is. Any installed software found, which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any other activity which resulted in the complaint, will be reason for immediate account cancellation.
Network
IP Address Ownership : IPs are from third party provider. These rights are assign to Customers. If APYL assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to APYL, and Customer shall have no right to use that Internet Protocol address except as permitted by APYL in its sole discretion in connection with the Services, during the term of this Agreement. APYL shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by APYL, and APYL 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"). APYL will monitor Customer's bandwidth and disk usage. APYL 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 APYL's sole and absolute discretion. If APYL 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. In the event that a customer exceeds the included allocation, APYL may, at its sole discretion, collect a deposit, in an amount determined by APYL, against customer's credit card on file with APYL.
System and Network Security : Users are prohibited from violating or attempting to violate the security of the APYL Network. Violations of system or network security may result in civil or criminal liability. APYL 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 limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
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.
APYL reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of APYL 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 Terms of use policy.
Indemnification : APYL wishes to emphasize that in agreeing to the APYL Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies APYL for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to APYL or the bringing of any claim against APYL by any third-party. This means that if APYL is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against APYL, 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.
APYL takes no responsibility for any material input by others and not posted to the APYL Network by APYL. APYL is not responsible for the content of any other websites linked to the APYL Network; links are provided as Internet navigation tools only. APYL 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. APYL is not responsible for any damages your business may suffer. APYL does not make implied or written warranties for any of our services. APYL 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 APYL.
Responsibility for Content : You, as APYL's customer, are solely responsible for the content stored on and served by your APYL hardware.