aPeComputers

Hosting Terms & Conditions

General Website Material

Any material or files that are, in our sole discretion is copyrighted, patented, illegal, libellous, encourage conduct that would constitute a criminal offence, or otherwise violate any local, County, State, national, or international law or legislation are not permitted to be transferred by way of our services. Transmission, distribution, or storage of any information, data, or material in violation of United Kingdom and United States or state or World regulation or law is prohibited. Copyright, trademark, or trade secret material may not be used without the permission of its respectful owner. Child pornography is not acceptable material, nor hate sites, warez sites, hacker sites, or sites with the intent to spam targets.

Spam

Spam sites can be subjected to a £500 administration fee for abusing the services and breaking this contract, plus and expenses for suspension/loss of service or server outages. Any misuse of our services for any of the above purposes will result in immediate site suspension and may result in termination of our services.

Adult Child Material

No adult material or pornography related sites are allowed on our services, including child pornography or stolen copyrighted images. Any violation in this section will result in the customer being informed to take down the unlawful propaganda. If nothing is taken care of, the site will be suspended until further notice.

Domain Names - Hosting Services

Domain names may be registered through our services. Their use and content is the responsibility of the end user, individual or company and aPe-Computers cannot and will not be held responsible or accountable for any content, losses or discrepancies from the use of such domain names or hosting services. When a customer specifies to transfer their own domain name, they accept that they are held responsible for the availability of their service. Accounts cannot be accessed without a proper domain name, failure to transfer existing domain name on the customer's behalf can not be held liable against the APE-Group of companies - ape-computers. ape-computers and/or APE-Group of companies will not be held responsible for the unavailability of a domain name or hosting due to customer error, including failure to re-register domain name, incorrectly transferring domain name, or failure to specify the correct form of how will handle the DNS information. Domain names registered through the company are registered for one or two years, (see registration page - you can specify more, paid in advance!) and are automatically re-registered through the APE-Group, 47 days before expiry. It is your responsibility to inform us if the domain name is longer required or re-registration is no longer required (Notification not to renew is required 30 days before the 47 days deadline/expiry). If re-registration is activated by automation, you are responsible for all charges and expenses. Domain registration or re-registration is automated as stated above and any charges are due immediately. Failure to pay by the due date (invoice issue, re-registration or transfer date) means the domain name is owned by ape computers. After 90 days we reserve the right to charge additional fees for release and/or sell the domain name. After 90 days payment is received for any outstanding amounts, does not entitle the individual and/or company or agent to ownership of the domain name. You accept these terms by allowing us to register, re-register, transfer or by registering, re-registering (automated) or transferring to ape-computers yourself.

Customer Information

The customer is held accountable to provide true and accurate information for all billing procedures. Producing falsified records is immediate grounds for termination, and the customer is held responsible to update their personal data if needed. Upon cancellation of our services, all customer information will be deleted from our database to ensure privacy for the consumer. Customer data will not be sold to third party commercial operators or any other party besides the customer.

Payment

Credit cards, money orders, and cheque's are accepted in United Kingdom (GBP) currency only. Customers agree that all setup fees, if any, are non-refundable. When paying by Credit card or Debit card, payments will automatically be charged on a monthly basis (by submitting the order form you agree to these terms), and is the sole responsibility of the customer to inform that they wish the billing to end. Customer understands and agrees that APE-Group shall not be held responsible for any charges or expenses that a customer may incur resulting from overdrawing a customer's bank account or exceeding customer's credit card limit as a result of an automatic or manual charged generated by the APE-Group of companies.

The contract is breached when payment is not received on the issue of our invoice or due date for recurring billing (contract signed agreement for re-curring billing). We do not offer credit facilities, invoices are due on issue.

"We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms or our general terms and conditions laid out here".

Refunds And Charge backs

Upon dissatisfaction of service (within the 30 day trial period), customers are entitled to refunds. Customers will notify for a refund before cancellation of service. Refunds cannot be issued once account has been terminated completely. Customer acknowledges that the only way to receive back amounts paid will be by the APE-Group of companies procedures, and not through a forced charge back (Customer requesting Credit Card company to take back the amount paid without knowledge). Doing a charge back incurs a penalty fee of £40.00 and the customer acknowledges that upon doing a charge back instead of requesting a refund, will be held liable to pay a £40.00 fee.

Contract Length/Cancellation

There is a minimum contract length for any of our services of 6 months. Customers are aware that once they sign up, they will be continuously charged monthly until they specify otherwise. Unless they have paid by Nochex or cheque, with must be a twelve month payment. To cancel, customer must use the proper form, which will be displayed on the company pages. APE-Group of companies will not be held responsible if your are charged before or on the day you cancel. Customer agrees to inform that they wish to discontinue service. It is not recommended that customers instead decline credit card payments as a form of cancellation, as any charges incurred by APE-Group of companies will be charged to the customer.

Service

The customer is solely responsible for any damages to their business and APE-Group of companies can not be held liable for such. These terms must be agreed to and accepted or use of our services are prohibited. We, APE-Group of companies "The Company", reserve the right to amend our policies at any time. Our customers will be held responsible for the actions of their clients in the matters described in these terms and conditions. MySQL and Microsoft Front Page extensions will only be enabled if the plan comes with it.

Customer Support

Whilst we Endeavour to answer support all tickets within 24 hours (most by return), there will be some instances where support staff are under pressure from other service issues and requirements, so may not be able to offer the support expected by our clients. We Apologise for this now.

As part of the agreement with us we require all support requests to be courteous and refrain from sarcastic comments, derogatory statements or contrived for effect. We reserve the right to suspend and/or terminate without notice, refund or libel any account for which any type of support request may or will cause offence to staff or other members of our community by means of forums or support requests within the community.

In instances of the above we will give 1 week (7 days) notice that your account will be terminated. Management reserve the right to make final decisions on the above and terminate without notice if deemed necessary to prevent service interference. All management decisions are final. There is no refund under this section of the terms and conditions policy.

Non-Payment

Non payment of invoices or re-current charges.

Please refer to our terms above. We will not activate services or domain names until such time as the invoice or recurring bills are paid in full cleared funds, as per the terms and conditions above in the various sections listed.
Ape Computers cannot be held responsible for loss of service, revenue, domain name, web hosting service or any other claim of loss in pursuant with un-paid invoices or recurring bills. 

CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION

Registrar (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

HAVE

entered into a Customer Master Agreement effective from November 25th, 2010 of which this "Customer Hosting Product Agreement Extension" is a part.

WHEREAS Parent provides Web and Email Hosting Services;

WHEREAS the Customer wishes to place an Order for Web and/or Email Hosting Services ("Hosting Order") through the Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

1. Rights of Parent

While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or in case Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

2. Terms of Usage

Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -

(1) As a backup/storage device.

(2) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.

(3) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period or no one site can use more than 5% resources cpu and memory use in a given month.

(4) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.

(5) Run any type of web spiders or indexers.

(6) Run any software that interfaces with an IRC (Internet Relay Chat) network.

(7) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.

(8) Participate in any P2P or file-sharing networks.

(9) Run any gaming servers.

(10) Run cron entries with intervals of less than 15 minutes.

(11) Store over 100,000 files.

(12) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.

(13) Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent's services.

(14) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion.

(15) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.

(16) Use the email service for sending or receiving unsolicited emails.

(17) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.

(18) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.

(19) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails.  Frequent violation would lead to permanent suspension of the domain name.

(20) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.

NOTE: The terms and conditions above are a contract between you the payee (agent for company, organisation or individual) and ape computers - ape-group and you accept them by hosting with us or transferring or purchasing a domain name with us. 

Either and or both are subject to change without notice.