Users and customers of Services provided by Apex Managed Services must accept the terms and conditions of business set out below. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- Suspended for non-payment: We require payment made within 4 days of all services that have been purchased through our website. This starts from the day after your payment anniversary date whether it is paid monthly or annually. Failure to make payment will result in account suspension on the 4th day. On day 7 a 10% fee will be added to your account and must be paid with all other monies outstanding to resume service. All accounts will then be terminated with no backup of accounts on the 10th day after payment was due.
- Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of £30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- Using your hosting as a file or image hosting service.
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
- Uploading, linking to or storing warez, cracks or other pirated software.
- Assisting in or directly distributing copyrighted material.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Providing fake or incomplete contact details, including name, postal address and telephone number.
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- Using the Service for unauthorised relays through any third party systems.
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Apex Managed Services may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Apex Managed Services as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
- Intellectual Property - Apex Managed Services does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to firstname.lastname@example.org.
- Continuing a specific identification of the allegedly infringing material and the location(s) on Apex Managed Services facilities where the materials are to be found. Upon receipt of such written notice, Apex Managed Services will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Apex Managed Services receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Apex Managed Services will send you a copy of that notification. Unless you notify Apex Managed Services of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
- Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Apex Managed Services, neither Apex Managed Services nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Apex Managed Services neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Apex Managed Services is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Apex Managed Services equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Apex Managed Services and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree that, should you use the Service to send or receive voice communications, Apex Managed Services is not acting as a telecommunications carrier or telephone , that there is no representation made by Apex Managed Services as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Apex Managed Services has no liability of any sort for the failure or lack of quality of such use of the Service.
- You agree to be liable for any damages or loss of service which results in damages to Apex Managed Services as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Apex Managed Services may pursue any such claims against you in Court.
- You agree that in no event will Apex Managed Services have financial liability to you.
- Warranty - APEX MANAGED SERVICES MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD APEX MANAGED SERVICES ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY APEX MANAGED SERVICES OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
- THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY APEX MANAGED SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; APEX MANAGED SERVICES DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. APEX MANAGED SERVICES DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
- How long your account has been setup
- If there is any data on your account that you first need to retrieve
- How high your score was
Apex Managed Services also reserves the right to charge you an upfront fee of £1000 which is non-refundable if you score high but have legitimate reasons. The £1000 fee will be credited against services that you have ordered or about to order, but if your account is terminated after 30days then you will not be entitled to a refund. This is to ensure that you are using our services for legitimate business or personal reasons, and not that of any fraudulent, spamming, or criminal activity.
If you order a dedicated or VPS server from us, we will score you first before setting up the service and advise you accordingly of that outcome.
- Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
- Participate in any file-sharing/peer-to-peer activities
- Run cron entries with intervals of less than 15 minutes
- You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.