Applimetrix : Terms of Service / Acceptable Use Policy

Applimetrix Web Systems (referred hereinafter as ' Applimetrix ', 'our', 'we' and 'us') is a web-hosting firm as well as a web development and design studio. All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by the terms and conditions below.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Applimetrix, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

· Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

· Restrict or inhibit any other user from using and enjoying the Internet.

Applimetrix reserves the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

· Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.

· 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 site with adult-oriented content, including but not limited to any nude or pornographic material, except on servers where we specifically allow adult material.

· Use an account for storage of backup files. Backup files should be downloaded off the server. Backups are made weekly by Applimetrix.

· Use an account for storage purposes. Accounts where more than 50% of the files are stored without being linked are not allowed.

Users are also required to abide by the following:

· Databases are only to be used for sites hosted with Applimetrix, and no outside access will be granted.

Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated. Applimetrix reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Applimetrix also reserves the right to make any such modifications in an emergency at our sole discretion.

3. Indemnification

You agree to indemnify, defend, and hold harmless Applimetrix from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Applimetrix, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

4. Refusal or discontinuation of service

Applimetrix reserves the right to refuse or discontinue service to anyone at our sole discretion. Applimetrix may deny you access to all or part of the service without notice if you engage in any conduct or activities that Applimetrix in its sole discretion believes violates any of the terms and conditions in this agreement. Applimetrix shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor accept any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Applimetrix has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Applimetrix reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Applimetrix also reserves the right to refuse refunds in cases where we believe abuse has taken place.

5. No warranties

Applimetrix makes no warranties or representations, except the money back guarantee policy, of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Applimetrix or its agents or employees shall create a warranty. Applimetrix provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Applimetrix be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with our service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Applimetrix’s servers that such information becomes available to all Internet users and that Applimetrix has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Applimetrix’s servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Applimetrix or on the Internet generally.

Your use of the service is at your sole risk. Applimetrix is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Applimetrix servers. This cannot be stressed enough: Please make regular backups of your site and dynamic material.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Applimetrix, including restrictions on services available with each service type, restrictions on certain features, and all other policies.

Applimetrix reserves the right to monitor any and all communications through or with our facilities. You agree that Applimetrix is not considered a "secure communications medium" for the purposes of the ECPA (Electronic Communications Privacy Act), and that no expectation of privacy is afforded.

6. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian in their own name. You agree to supply Applimetrix with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. Payment & Other Information

You agree to supply appropriate payment for the services received from Applimetrix, in advance of the time period during which such services are provided. You agree that until and unless you notify Applimetrix of your desire to cancel any or all services received, those services will be billed on a recurring basis. Applimetrix retains a third-party billing service (2Checkout.com) that performs all transactions on our behalf. Among our reasons for using a third-party vendor in this area is that they possess enhanced fraud-screening mechanisms. Applimetrix rigorously scrutinizes all signups for fraudulent activity.

When you are billed, please note that all charges from Applimetrix Web Systems will appear on your credit card statement as "2Checkout.com".

8. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with Applimetrix or any agent or representative thereof, and constitutes the complete and total agreement between the parties. In the event that any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

Applimetrix reserves the right to change this Usage Policy at any time without prior notification.

By placing and continuing to maintain or place information on Applimetrix's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

9. Shell Access

Due to incidents of abuse, Applimetrix cannot allow new customers to have shell access by default. We apologize for any inconvenience. Applimetrix may make exceptions on a case by case basis for customers who can demonstrate a need for shell access. Please submit a ticket at our helpdesk for consideration.

10. Money Back Guarantee

Each hosting plan includes a full 30-days money back guarantee.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.

Accounts cancelled/terminated by Applimetrix for violating our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department at support@applimetrix.net .

Prior to applying for an account, it is the customer’s responsibility to read, note, and accept the conditions supplied in this document. Allowances will not be made for customers later seeking a refund on the basis of non-acceptance of conditions specified in this document.