Access to and use of the ApexSol.us website (the "website") is provided subject to the following terms and conditions, and the website user ("User"), including, without limitation, any individual visiting or exploring the website, waives any and all rights or claims against ApexSol.us.
USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
APEXSOL.US MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. APEXSOL.US MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS SECTION, "APEXSOL.US" INCLUDES, WITHOUT LIMITATION, APEXSOL.US'S DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING APEXSOL.US'S) EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.
This Policy describes our general principles for the collection and use of information from customers and visitors to our websites. We want to ensure that you understand how we will and will not use the information you entrust to us. In order to fully understand your rights we encourage you to read this Policy.
For visitors, we've structured our websites so that, in general, you can visit us on Web without identifying yourself or revealing any personal information.
For prospective and existing customers and partners, once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your relationship with Apex Solutions.
What type of information does Apex Solutions collect?
When you visit our website, our Web server collects basic user information about you that includes your ISP's domain, the time you accessed our website, and the pages from within our website that you visit and is not personally identifiable information except as needed to prevent fraud or abuse of the system.
When you sign up for Apex Solutions's services, you provide us with both contact and payment information. Contact information typically includes your name, address, and phone number. Payment information typically includes your credit card number.
While you are a Apex Solutions customer, we manage information with regard to your account status, choice of services, and customer logs. In addition, we may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
Surveys or Contests
From time-to-time, we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).
We use this information to notify contest winners and award prizes, to monitor site traffic or personalize the site (in the case of anonymous information collected in surveys), to send participants an email newsletter.
We may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users' personally identifiable information for any other purpose including their own marketing. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
How do we use this information?
We use the contact information you provide us to establish our service for you. We use payment information for payment processing purposes only. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service. By pressing the "submit" button, each visitor constitutes consent to use the information for purposes stated in this Policy.
Apex Solutions may use customer information to provide customers with system information or information about new or upgraded products if you have chosen to receive such offers. You may opt out of receiving these offers by changing your preferences in your account information or by following the unsubscribe instructions in each email sent to you.
Our trusted affiliates are responsible for processing or handling some of the information we receive, such as order fulfillment for phone services. Those affiliates are not authorized to use such information for purposes beyond those specified by us including marketing and are required to preserve the confidentiality with which we treat such information. We may disclose contact information with your permission when gathering and posting testimonials.
We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Apex Solutions, our customers, or others. We may provide information to regulatory authorities and law enforcement officials in accordance with applicable laws, respond to legal process, or where Apex Solutions has a good faith belief that the law requires such disclosure.
Apex Solutions also will not disclose to third parties the contents of any electronic mail or other electronic communications that Apex Solutions stores or transmits for its customers except where: (a) it is a matter or public safety or policy; (b) it is in connection with the transfer of other business assets; (c) it is required to cooperate with orders, warrants, or other legal process that Apex Solutions determines in its sole discretion to be valid and enforceable; and (d) it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Apex Solutions and appear to pertain to the commission of a crime.
Apex Solutions disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Apex Solutions will, however, review, delete, or block access to communications that may harm Apex Solutions, its customers or third parties. The grounds on which Apex Solutions may take such action include, but are not limited to, actual or potential violations of the TOU.
Please note that Apex Solutions may use this information collected to direct service notices as well as provide you with other general information that may be of interest to you and information about our services or product offerings that you have opted to receive, as well as other important information regarding your account or services at our discretion.
Customers may opt out of receiving newsletters and/or promotional emails from Apex Solutions by sending a request to newsletter-unsubscribe@ApexSol.us, by using the unsubscribe instructions included in each promotional communication, or by changing your email preferences on the site within your Account information. In this request, customers must identify their domain name and contact information. Customers may not opt out of receiving information from Apex Solutions which is essential for maintaining or updating customers account or system information.
Third Party Advertising and Cookies
The basic user information collected is used to help us analyze Web traffic, improve the content of our website and improve your experience on our website.
We do not trade, rent or sell your personal information to others, except as detailed in this Policy. We currently contract with several online partners who use the data only on our behalf to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Action Tags and cookies provided by our marketing company on this site. The information collected by the marketing company through the use of Action Tags and cookies is not personally identifiable. We have no access or control over these third party cookies or action tags. The information they collect and share with us helps us learn things like what kinds of customers our site attracts, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used.
We use other third parties to provide credit card processing services on our site. When you purchase a service or product from us we will share contact and credit card information as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose including their own marketing services.
Our website may allow for a chat function. Chat functions allow you to participate in "live" online conversations with us on our website. Although the transcripts from the chats may be stored internally on in-house servers for our records only, we collect no personally identifiable information about you when you participate unless you choose to provide that information to us.
How Can I access my personal information?
You can access your personal information, such as your address and contact information, at anytime to correct, change or delete any of the data shared with us when you became a customer of Apex Solutions. As a customer of Apex Solutions you can access your personal information by clicking on the "Customer Login" link at the top of any Web page. Your account information is secure and is accessible by using a password that you select. If you need assistance or have questions about correcting information you can contact us via email at support@ApexSol.us. Apex Solutions will respond to access requests within 30 days.
Apex Solutions has security measures in place to help prevent the loss, misuse and alteration of the information under our control. When you place an order online, your information, including your credit card number, is protected using Secure Socket Layer (SSL) encryption technology. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our website, you can send email us at privacy@ApexSol.us.
Apex Solutions does not sell products or services for purchase by children. Customers must be at least 18 years of age. Any individual under the age of 18 ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Customer. If you are under 18, we strongly encourage you to use our website only with the involvement of a parent or guardian.
Changes to our Policy
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a prominent notice on our home page.
If you have questions or concerns regarding this Policy, you should contact us by email at privacy@ApexSol.us.
8345 NW 66 ST. #A4454,
Miami, Florida 33166,
A. ApexSol.us Web Hosting & Ecommerce Customer Restrictions
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. ApexSol.us will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$10/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. ApexSol.us does not permit CGI script sharing with domains not hosted by ApexSol.us or any scripts that may be abused for UCE purposes.
ApexSol.us does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, ApexSol.us provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
ApexSol.us may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact ApexSol.us Support.
ApexSol.us does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
ApexSol.us's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact ApexSol.us at http://www.apexsol.us/contact.html to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. ApexSol.us Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any website whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files
Any database stored on ApexSol.us's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/Web hosting account.
B. ApexSol.us Dedicated Server Customer Restrictions
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
ApexSol.us allows Dedicated Server customers the use of IRC inside the ApexSol.us network as long as the use of IRC on a ApexSol.us server does not violate any of the other terms of these TOU. As a policy, ApexSol.us will not provide vanity IRC reverse DNS records. To enforce this policy ApexSol.us does not turn the reverse address of IPs over to the customer. Authority over this information remains with ApexSol.us.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
ApexSol.us's services include, but are not limited to:
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 4 consecutive months or more shall be deemed abandoned and ApexSol.us shall have the right to delete the email account ("Abandoned Mailbox") and/or all emails residing in such Abandoned Mailbox ("Abandoned Emails"). At least 2 weeks in advance, ApexSol.us shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.
ApexSol.us has the right to delete all content stored in any of customer's spam folders or email accounts for 15 days or more.
ApexSol.us 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, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing ApexSol.us services, all ApexSol.us customers certify that they and/or the organization they represent in procuring services from ApexSol.us are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Apex Solutions's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a website hosted on a Apex Solutions server, and selling or distributing software (on a website residing on a Apex Solutions server) that facilitates spamming. Apex Solutions requires that all customer's emails and mailing lists (if any) are in full compliance with the Can-Spam Act as outlined here: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. Apex Solutions also prohibits the use of third party/purchased mailing lists. The first violation of this policy will result in a written warning. A second violation will result in immediate suspension of the customer's email services. Subsequent violations may result in customer's account being closed and a minimum fine of $200 accessed. Apex Solutions reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; 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.
Viruses and Other Destructive Activities
Use of ApexSol.us's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ApexSol.us's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
D. Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ApexSol.us customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ApexSol.us customer (per the DMCA) to ApexSol.us must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ApexSol.us's sole discretion.
DMCA Copyright Infringement Notification Requirements:
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the website of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
ApexSol.us is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that ApexSol.us will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that ApexSol.us must remove, or disable access to, material on your website that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that ApexSol.us may do so by disabling access to your entire website.
DMCA Counter Notification Requirements:
The use of ApexSol.us's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ApexSol.us is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
ApexSol.us is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ApexSol.us urges its customers to assume that all of their on-line communications are insecure. ApexSol.us cannot take any responsibility for the security of information transmitted over ApexSol.us's facilities. Additional details on privacy and ApexSol.us's use of customer information can be found in ApexSol.us's Privacy Statement located here.
Customers are required to use the ApexSol.us network responsibly. This includes respecting the other customers of ApexSol.us. ApexSol.us reserves the right to suspend and/or cancel service with any customer who uses the ApexSol.us network in such a way that adversely affects other ApexSol.us customers. While ApexSol.us may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ApexSol.us does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when ApexSol.us becomes aware of any violation of the TOU or other user agreements, ApexSol.us may take any action to stop or correct such violation, including, but not limited to, denying access to ApexSol.us's services and equipment or to the Internet. In addition, ApexSol.us may take action against a customer or a customer of such customer because of the activities of such customer. ApexSol.us anticipates that customers who offer Internet services will cooperate with ApexSol.us in any corrective or preventive action that ApexSol.us deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ApexSol.us policy and ApexSol.us reserves the right to take any such action even though such action may affect other customers of the ApexSol.us customer.
Actions Taken by ApexSol.us
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. ApexSol.us will be the sole arbiter as to what constitutes a violation of the TOU. ApexSol.us reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ApexSol.us becomes aware of an alleged violation of its TOU, ApexSol.us will initiate an investigation. During the investigation, ApexSol.us may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ApexSol.us 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, ApexSol.us will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ApexSol.us does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ApexSol.us. Indemnification
ApexSol.us customers agree to protect, defend, hold harmless, and indemnify ApexSol.us, any third party entity related to ApexSol.us (including, without limitation, third party vendors), and ApexSol.us's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of ApexSol.us's services.
The ApexSol.us 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. ApexSol.us expressly disclaims any representation or warranty that the ApexSol.us service will be error-free, secure or uninterrupted. No oral advice or written information given by ApexSol.us, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ApexSol.us 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.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, ApexSol.us may immediately terminate provision of ApexSol.us's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against ApexSol.us in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL APEXSOL.US (INCLUDING, WITHOUT LIMITATION, APEXSOL.US'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING APEXSOL.US'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR APEXSOL.US SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY APEXSOL.US SERVICES EVEN IF APEXSOL.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.APEXSOL.US'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR APEXSOL.US'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY APEXSOL.US OR APEXSOL.US'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
ApexSol.us may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ApexSol.us's services. Certain changes to ApexSol.us's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ApexSol.us is not liable, for any and all such personalized applications and content, except as expressly agreed to by ApexSol.us.
Backup of Data
Except where ApexSol.us has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ApexSol.us is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ApexSol.us services.
Third Party Licenses
ApexSol.us makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, ApexSol.us makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, ApexSol.us specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold ApexSol.us liable in any way for the revocation of any license, which has been licensed to ApexSol.us. The use of the Technologies obtained from or through ApexSol.us, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-ApexSol.us products by ApexSol.us, its employees, or any third party entity related to ApexSol.us is for information purposes only and does not constitute an endorsement or recommendation by ApexSol.us. ApexSol.us disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ApexSol.us products or services.
ApexSol.us's Intellectual Property
Customers will not, without ApexSol.us's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on ApexSol.us's website, and customers will not use any of ApexSol.us's trademarks, service marks, copyrighted materials, or other intellectual property without ApexSol.us's express written consent. Customers will not, in any way, misrepresent their relationship with ApexSol.us, attempt to pass themselves off as ApexSol.us, or claim that customers are ApexSol.us.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for ApexSol.us's services, either in whole or in part, without the prior written consent of ApexSol.us.
Minimum Age Requirement
ApexSol.us customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a ApexSol.us customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for ApexSol.us services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains ApexSol.us's express written consent to the contrary. Any acceptance of the TOU or any other agreement for ApexSol.us's services will be deemed null and void to the extent that ApexSol.us will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of ApexSol.us's services.
Governing Law and Severability
The TOU, and any other agreement for ApexSol.us services, will be governed by and construed in accordance with the laws of Pakistan without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ApexSol.us will take place in Karachi Pakistan, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other ApexSol.us agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
ApexSol.us will not be liable for delays in its performance of the TOU or ApexSol.us services caused by circumstances beyond ApexSol.us's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ApexSol.us will make reasonable efforts to reduce to a minimum and mitiApexSol.us the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for ApexSol.us services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of ApexSol.us.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between ApexSol.us and its customers. Each of ApexSol.us and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for ApexSol.us services, constitutes the complete understanding and agreement between ApexSol.us and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ApexSol.us, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for ApexSol.us services is between ApexSol.us and its customers only and will not confer any rights in any third party except as otherwise expressly provided by ApexSol.us.
Third Party Providers
You agree that certain services may be provided by third party providers of ApexSol.us and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
For domain name registration services where a third party provider is named in your place ("Proxy Services"), you agree that if ApexSol.us or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If ApexSol.us provides the particular Proxy Services, then ApexSol.us reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
ApexSol.us reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) ApexSol.us's receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to ApexSol.us as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
E. All ApexSol.us Customer Billing Policy
All charges are shown in US Dollars. Payments are to be made in US dollars. ApexSol.us accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide ApexSol.us your credit card information, you authorize ApexSol.us to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with ApexSol.us's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $10. ApexSol.us will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying ApexSol.us, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are fifteen (15) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
ApexSol.us offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months), Yearly (12 months) and onetime fee. The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles.
In certain scenarios you may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
In order to insure uninterrupted service to your Website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify ApexSol.us that you would like to cancel your account, one month prior to the next billing.
ApexSol.us does not mail paper invoices or statements. Statements can be viewed and printed through members' area. Customers may elect to receive their monthly account billing statement via email. This option may be selected in members' area.
All plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact ApexSol.us's Billing Support Team by sending email us directly at support@ApexSol.us. Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by ApexSol.us a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan for the next Billing Cycle. Cancellations become effective on the day processed by ApexSol.us. ApexSol.us is unable to cancel your account effective for a future date.
ApexSol.us does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to ApexSol.us's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. ApexSol.us reserves the right to cancel any account, at any time, without notice, for any reason ApexSol.us considers appropriate.
30-Day Money Back Guarantee
Each of ApexSol.us's plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding a setup fee of US $ 50) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; premium add-on software modules; paid marketing services including Google Adwords fee; 3rd party software; items and services ordered through the reseller & affiliate program; domain parking; and overage fees.
Refunds are only available in accordance with the 30 Day Money Back Guarantee (above). Any refund (if available) will be provided in the same payment method as the original payment. Cancellation requests received beyond the first 30 days of services will not be eligible for any refund, either in whole or in part, of the fees already paid.
Credit Card Disputes/Chargebacks
ApexSol.us has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at ApexSol.us's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
ApexSol.us's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.