1. Apexity, Inc. reserves the right to refuse
service or cancel existing accounts for any
reason at any time. In the event of an account
cancellation by Apexity or the customer, after
any initial trial periods as stated on our
websites Apexity will not issue a refund.
2. Apexity, Inc. reserves the right to change
fees at any time.
3. Apexity, Inc. is not responsible for lost
revenue, traffic, or data caused by server
down time or failure, domain name transfers,
or any other error - mechanical or human.
4. Customers of Apexity are forbidden from
partaking in an "abusive practice."
The following is a list of current abusive
practices. Apexity reserves the right to add
to or modify this list at any time.
- Sending unsolicited commercial e-mail
with your account. Also, a violation is
incurred if any unsolicited email is reported
relating to your domain with us in anyway,
regardless of what SMTP (outgoing mail server)
was used to transmit the message.
- Upload, posting or reproducing in any
way materials protected by copyright without
the permission of the copyright holder.
- Uploading or creating any exploitable
or aggressive materials on our shared webhosting
platform is strictly prohibited. Any tools
we locate that may be used to exploit the
operating system, or any operating system,
will result in immediate account termination.
This includes eggdrop bots, buffer overflow
programs, devices to attack or harass other
internet users, and many other items. Apexity,
Inc., reserves the complete discretion to
determine what materials fall under these
headings. Participating in an abusive practice
will lead to an immediate account termination
without prior notice or refund of any pre-payment.
5.) Customers of Apexity are to use our email
services as an means of transport between
themselves and their recipients. Our shared
email servers are not storage servers. We
are not responsible for any loss of emails
if you abuse this policy as we reserve the
right to purge an Inbox if that email account
is using more than 5 MB of space. This policy
is in effect because of the sheer risk of
what email can do to a shared server. The
memory/CPU overload & lack of resources
it can cause can lead to putting a other sites
out of business.
6.) Customers of Apexity are bound to all
system policies not specifically listed within
this agreement. A list of all policies can be
found at http://www.Apexity.com/support/.
Violation of any of these system policies will
result in an immediate account cancellation
without refund or access to hosted files.
7.) This agreement is not assignable or transferable
without the express written consent of Apexity,
8.) Apexity, Inc.'s hosting services may
only be used for lawful purposes. Transmission
of any material in violation of any U.S. or
any state regulation is prohibited. This includes
but is not limited to: copyrighted material,
material legally judged to be threatening
or obscene, or material protected by trade
The client specifically agrees to indemnify
and hold harmless Apexity, Inc. from any claim
resulting from a breach of these terms, and/or
the use of the service which damages another.
9.) This agreement shall be governed by the
Laws of the State of Florida. Any action in
regard to this agreement or arising out of
its terms and conditions shall be instituted
and litigated in the Florida District Court
for Hillsborough County. Each of the parties
consents to jurisdiction in such Court and
agrees that service of process as provided
by the states and rules of civil procedures
of Florida shall be sufficient.
10.) This agreement constitutes the entire
agreement between the parties hereto.