APC Hosting Terms of Service
As a provider of Internet access, web site hosting, and other Internet-related services, APC Hosting offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. APC Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; APC Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, APC Hosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing APC Hosting's services. This AUP will be revised from time to time. A customer's use of APC Hosting's services after changes to the AUP are posted on APC Hosting's web site, www.apc.sg , will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. APC Hosting reserves the right to amend, change, or modify Terms of Service without notifying the customers. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that APC Hosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because APC Hosting cannot monitor or censor the Internet, and will not attempt to do so, APC Hosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that APC Hosting does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over APC Hosting's network and may reach a large number of people, including both subscribers and non-subscribers of APC Hosting, subscribers' postings to the Internet may affect other subscribers and may harm APC Hosting's goodwill, business reputation, and operations. For these reasons, subscribers violate APC Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward APC Hosting, but also because it can overload APC Hosting's network and disrupt service to APC Hosting subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, APC Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Customers engaging in spam, while operating an open SMTP relay will have their accounts terminated and all moneys forfeited.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. APC Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also APC Hosting's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using APC Hosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. APC Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through APC Hosting's network.
Defamatory or Abusive Language -- Using APC Hosting's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that APC Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. APC Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with APC Hosting policy or applicable law. When APC Hosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Any material posted on APC Hosting servers must be legal in the Netherlands. Some material is illegal in some nations, but may be legal in the Netherlands. If a customer chooses to host Adult content on any shared servers, his account will be terminated, and he agrees to be billed a 500.00€ clean up fee to his registered credit card.This is the responsibility of the customer to research thoroughly. If APC Hosting - Security receives an order to provide information about a customer to a law enforcement authority, we will provide that information. APC Hosting will absolutely not be held accountable for information stored on APC Hosting servers. Customer is 100% responsible for all data stored under his account / control. Proof positive of a customer's access & knowledge of data stored on said servers includes FTP logs, login logs, and payment/signup confirmations. We record and store IP's used to access our systems, and will forward said information to law enforcement if request follows due process.APC Hosting does maintain it's own backups of file, web, and database servers. These backups can be used by APC Hosting to restore a failed server or drive array. These backups are not for the customer's usage, and no custom restore requests can be guaranteed to be processed. Customer is responsible for their own backups. APC Hosting holds absolutely no liability to any customer for any data stored on APC Hosting servers. APC Hosting also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching APC Hosting's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. APC Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. APC Hosting has the right to directly take action against a customer of a subscriber. Also, APC Hosting may take action against the APC Hosting subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, APC Hosting anticipates that subscribers who offer Internet services will cooperate with APC Hosting in any corrective or preventive action that APC Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of APC Hosting policy. APC Hosting also is concerned with the privacy of on-line communications and web sites. 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, APC Hosting urges its subscribers to assume that all of their on-line communications are insecure. APC Hosting cannot take any responsibility for the security of information transmitted over APC Hosting's facilities.
APC Hosting reserves the right to cancel any account at any time, with no refund, for any reason.
APC Hosting will not be responsible for any damages your business may suffer. APC Hosting makes no warranties of any kind, expressed or implied for services we provide. APC Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by APC Hosting and its employees. APC Hosting will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. If APC Hosting detects illegal activity taking place on it's network, it may record incoming and outgoing IP addresses, and any other information needed to assist in the prosecution of offenders. APC Hosting reserves the right to use any method available to monitor and record illegal activities taking place on it's network, and forward these records to law enforcement, if we feel that it is in the interest of public safety.APC Hosting will monitor its service electronically to determine that its facilities are operating satisfactorily. Also, APC Hosting may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. APC Hosting assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, APC Hosting may disclose subscriber information or information transmitted over its network where necessary to protect APC Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system. APC Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate APC Hosting policy. Finally, APC Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify APC Hosting for any violation of the service agreement, law, or APC Hosting policy that results in loss to APC Hosting or the bringing of any claim against APC Hosting by any third-party. This means that if APC Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against APC Hosting, plus costs and reasonable attorneys' fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including APC Hosting and its subscribers, as responsible members of the Internet.
To report any abuse, please contact us at abuse@apc.sg.
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