Apexintel-Infotech Inc. Service Contract

 

The following words used in context of the Service Contract are defined as follows:

  • "Provider":   Apexintel-Apexisp-Infotech International Inc.,

  • "Client":       The person or entity who is applying or has paid for services

    • The Provider agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:

  1. Client will use the services in a manner consistent with any and all applicable laws of the States of California, Nevada and Maryland, the US Federal Government, and the laws of the country and the territory where Client resides.

  2. Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments.

  3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

  4. Client understands that domain name registration relies on a third party domain registration authority that Provider has no control over.  Furthermore, Provider is not liable to client for damages caused by domain name deactivation by a third party registration authority for any reason.

  5. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason.

  6. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.

  7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

  8. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S). CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM CLIENT'S PUBLICATION OF MATERIALS OR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE. THIS INCLUDES DOMAIN POINTERS AND URL REDIRECTS.

  9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

  10. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (i.e. SPAM) is strictly prohibited. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).

  11. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.

  12. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

  13. Provider reserves the right to disable any user account or site for anything deemed to be suspicious activities at the Provider's sole discretion.  This includes, but is not limited to, anything that gives indication of hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services on Client's account on Provider's systems, or anything that might attract or precede such activities.  Rogue services, as defined here, means any service that is not included as a feature on Provider's advertised list of account features at the time.  This includes, but is not limited to, IRC bots, IRC clients, IRC daemons, ICQ clients, ICQ servers, Socks proxies, or any other service running on a TCP/IP port that Provider did not give explicit written authorization for use.  Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from account deactivation or disablement as a result of suspicious activities.

  14. Provider reserves the right to monitor any and all activity, traffic, or content that Client may produce, publish, or cause.  Provider also reserves the right to turn any logs, monitoring data, or Client material over to the proper authorities in the event legal or criminal action is to be taken by Provider or authorities.

  15. Provider reserves the right to partially or wholly disable Client's account(s) upon indication of activities that noticeably affect the quality of service for other Clients.  This includes, but is not limited to, excessive processor time usage, excessive RAM usage, excessive open file handles, or anything else that causes noticeable EFFECT on services or any system crashes.   Client hereby agrees to hold Provider harmless from any claim resulting from such actions that Provider deems necessary, at its sole discretion, to restore a reasonable level of service.

  16. Client hereby agrees that account termination resulting from any breach of these terms of service will result in the nullification of any right to a refund of any kind.  Furthermore, client acknowledges that they will be liable for any charges resulting from any server repairs required as a result of their violation of these terms of service.  The rate will be $150 per hour plus the cost of any parts and shipping charges.  Provider reserves the right to pursue in a court of law financial compensation for other damages resulting from the violation of these terms of service.

  17. Provider reserves the right to change this contract by posting a publicly available copy at this location without specific notice to Client.  Client hereby agrees to ratify any such changes and hold Provider harmless from any claim resulting from such changes.   Client hereby acknowledges responsibility to inform itself of any changes to this contract whether informed by Provider of changes or not.

  18. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of California and Nevada. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of California. You agree to submit to the jurisdiction of the courts located in Los Angeles, California and Las Vegas, Nevada.

Apexintel-Infotech International Inc.'s Billing Policies - Read Carefully   (Incorporated into the Terms of Service Contract)

1) What are the costs and when do they start?

The periodic charge varies for each type of account. Setup of your account begins upon receipt of the first hosting period's service fee if applicable. You will be provided with login information usually within 3 to 5 hours from receipt of payment. Your billing cycle will be based on the date we provide you with login information.  All of your future hosting fees will be based on that date.

Prices are subject to change without notice, but are guaranteed through your paid billing period.

2) How can I pay for my account?

Accounts are paid by Mastercard, Visa, Discover/Novus, American Express, Wire Transfer, Money Orders, or Checks drawn on US Funds. All invoices are e-mailed monthly, quarterly, semi-annually or annually (per your choice) at the beginning of the payment period. Invoices are sent via e-mail usually around the 20th of each month. Payments are due in our offices no later than their due date regardless of when the invoice is sent to you. When using Debit Cards, Infotech International Inc., will not be responsible for any service charges incurred by your bank for billing errors made by us. Typical Credit Card charges can be easily reversed without any fees incurred by you the customer. In the case of using a debit card, billing errors can lead to bank service fees for overdrawn accounts, etc. Apexintel-Infotech Inc. cannot assume this risk when you choose to use this form of payment as the normal system available to make returns or correct billing errors is not available with debit cards, without potentially overdrawing your account.

3) How can I upgrade my account?

It's as simple as an email to apexisp@apexisp.com . Include your name, your domain name and tell us what account type you would like to change to and we will process the request for you. There is no charge to upgrading your account only the balance due for the difference in account prices.

4) If I cancel my account do I get a refund and what is the cancellation procedure?

Satisfaction is Guaranteed. 

If the service is canceled within the first 30 days because we have not exceeded 

your expectations, hosting fees paid will be refunded.  The 30 days is 

counted with day 1 being the first day the account was made available to the client.



Our guarantee is to assure that we will exceed your expectations on the product we 

offer or your money back.  It is however NOT available to protect you in case of 

violations of our terms of service, NOT understanding our terms of service or billing

policies, expecting something that our literature clearly does NOT indicate is 

available (i.e., wanting outgoing email service when the account offers none),

incompatibility of third party software, business hardships, business changes or

simply changing your mind

 

5) What will happen if my payment is late for any invoice? (IMPORTANT)

Payment for all regular monthly invoices are due in our offices on the date shown on your bill or before that date. All accounts are automatically renewed and payment processed on their due dates to avoid interruption in service until cancellation in writing. We allow a grace period until 5 days after that date. If payments are not received in our offices within 5 days of their due date, a $25 late fee will AUTOMATICALLY be assessed to your account. If payments are not received in our offices within 5 to 7 days of their due date your account, we reserve the right to deactivate your account. Monthly billing we reserve the right to deactivate (suspend) the hosting account after 3 days of non-payment. After 10 days we reserve the right to delete the account for non-payment. There could then be a $50 reactivation fee, in addition to the $25 late fee. If you choose not to reactivate your account you are still responsible for the days of service you received and any outstanding balance on account including the late fees. Not paying your bill will not constitute a cancellation and you will be liable for any service fees incurred.  For information on how to cancel, please see item #4 directly above.

There is a $25.00  fee for all checks returned for nonsuficient funds (NSF).

If the customer defaults, the customer agrees to pay Apexintel-Infotech Inc. its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms of Service.

If the customer does a chargeback for any amount charged for services or accounts rendered, there is a $25.00 chargeback fee for each chargeback.

For this reason, Apexintel-Infotech Inc. highly recommends annual accounts, or that you consider automatic credit card billing to avoid late fees and deactivation; and/or placing a month's deposit on account with us so that your account is always current. Check orders are annual only.

Customer Referral Program

Existing customers will receive a one time credit to their account for referring new customers to Apexintel-Infotech International Inc. In order for the existing customer to receive the credit to their account, the new customer must include the existing customer's name on the order form in the "How did you hear about us?" field. Orders placed without this information will not be considered "referred" and therefore no credit will be given to any account. These credits may not be retroactively applied to accounts ordered without this information. The referring customer must have an open account with Apexintel-Infotech Inc. The referring credit may only be applied to the referring customer's webhosting account and may not be applied to a credit card, or reimbursed in the form of a check or any other form of reimbursement.

BE A RESELLER CLICK HERE for our reseller program steps and business plan info:

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