Overview

Our acceptable use policy is actively and strictly enforced. Offending content or users will be suspended or deleted, usually as soon as they are discovered. Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses. Users agree that they, themselves are responsible for their own actions and APS Enterprises will not be held liable for their content.

Illegal use
APS Enterprises may not be used for illegal purposes, or in support of illegal activities. This includes, but not limited to, unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or obscene material.

Undesirable Content
Certain types of content are not permitted on APS Enterprises's servers. We will not host illegal adult content. If you wish to host an adult web site here, you agree that you will be held solely responsible if any legal action is taken by any person. APS Enterprises may request proof of age at any time. Content relating to hacking, cracking, warez/porn and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software (including free software) is forbidden. Audio and video downloads may NOT be hosted at any time. Any Audio or Video files found will result in APS asking you to remove the content. If after 7 days the content is still there we will suspend your account, and remove the content ourselves.

Spam
You may not use APS Enterprises to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on APS Enterprises is strictly forbidden.

Fair Usage Policy
Our fair usage policy is enforced on the plans that state unlimited only. We do not strict you to what you can use, however if you constantly exceed amounts that cause the server or servers to slow up or crash, we reserve the right to limit your plan. Fair Usage normally means use what you need, not what you want. We recommend 75Gb in any one month for bandwidth is more than enough, APS has never known any existing, new or old client to use this amount. 75GB Space is also more than enough for hundreds of thousands of pages. Please keep within these guidelines, but if you do go over but a max of 3% we will not penalise you.

Billing
APS Enterprises bills web hosting clients once a month (monthly) or once a year (annually). If during this period a customer cancels their account they will not receive any refund. Customers cannot put their accounts on hold or delay. Customers strictly prepay for the time they use. We only provide the up to 30 day refund policy when your account is first purchased (starting the day of payment received).
If a payment is not received, we reserve the right to suspend your account and can delete all remaining data after 14 days unless otherwise noted by our billing department.
If an account is removed due to a violation of this TOS we reserve the right not to refund payments.
If payment has not been received 3 days after it is due, your account will be suspended and a 10% late fee will be applied. If there is valid reason for you not to meet a months payment, or you need more time to pay, then APS may withdraw this late fee. This will only happen the once. Any payments for domain names are non-refundable. If you receive a free domain name with any service provided by APS Enterprises, the fee for that domain name will be deducted from any refunds. Any payments for Server Management and/or Dedicated Servers are non-refundable unless otherwise stated in writing by the administrator of APS Enterprises.

Chargebacks
If we receive a Chargeback either from Paypal or the bank, made by you (the client) or from Paypal or the bank, we reserve the right to charge a £20 admin fee on to your account. This admin fee is put in place for the amount of time it takes to contact, Paypal or the bank to find out why this payment has been reversed. The fee is placed 48hrs after the notice of reversal has been received.

Money Back Guarantee
Not all our products fall within our guarantee, and we clearly state which products are and which are not covered by our Money Back Guarantee.
The following products ARE covered:
Shared Web Hosting - Provisioned on a APS Enterprise OWNED or RENTED server - 7 DAY MONEY BACK GUARANTEE
Business Hosting - Provisioned on a APS Enterprise OWNED or RENTED server - 30 DAY MONEY BACK GUARANTEE
Reseller Hosting - Provisioned on a APS Enterprise OWNED or RENTED server - UP TO 30 DAY MONEY BACK GUARANTEE - Please see each individual product for details on how many days MBG you can claim, if you are not entirely satisfied.
The following products are NOT covered:
Virtual Private Servers (Managed or Un-Managed) - Rented through APS Enterprises
Dedicated Servers (Managed or Un-Managed) - Rented through APS Enterprises
Domain Registrations, Domain Transfers, WHOIS Guards, SSL Certificates, Dedicated IPs
Any Telecom Products unless stated otherwise
Any offer or any other product, any coupon code or promotion, and all other offers, products, or specials listed anywhere on our website, or partner websites. The money back guarantee is only valid for new customers only, who cancel within their first signup.
Please also note that if your account is suspended for non-payment, mis-use of resources, abusive behaviour, or any other unfriendly act towards a member of APS, you will not be entitled to a refund under any circumstance.

Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
If an account is found to be using excessive resources and as a result causes the server to run slow, this account may be liable for suspension. If an account causes a server to stop functioning either hardware of software, and ceases other clients to use this server, then they will be charged an admin fee of £20.00. If that account re-offends, it will be terminated without notice.

Server Abuse
Any attempts to undermine or cause harm to APS Enterprises, it's server/s, or it's customers is strictly forbidden.

Modification
APS Enterprises reserves the right to add, delete, or amend these Terms of Use at any time without notice.

Unlimited Accounts (Resellers)
Accounts with unlimited bandwidth/diskspace accounts may not be used to host a collection of MP3's, Warez, or as backup storage. All content stored on an unlimited account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your bundled software. They are to be used for standard web hosting. This means that all content stored on an unlimited account must be used for "normal" website use. "Un-normal" usage is anything that a shared server would not be able to provide under standard circumstances. If your account requires resources that are not able to be provided by a shared server, we may add limits to your account or require you to rent a dedicated server.

Abuse.
Any customer of APS Enterprises found to be abusing our services to either make threatening or behaviour that causes concern will have their account suspended temporarily or permanently.

Child Pornography
The use of APS Enterprises services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. APS Enterprises 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.

Intellectual Property
Customers will not, without APS Enterprises express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on APS Enterprises web site, and customers will not use any of APS Enterprises trademarks, service marks, copyrighted materials, or other intellectual property without APS Enterprises express written consent. Customers will not, in any way, misrepresent their relationship with APS Enterprises, attempt to pass themselves off as APS Enterprises, or claim that customers are APS Enterprises. Breach of this will result in their account being suspended.

Bandwidth Usage:
Each month you are given a set amount of bandwidth that you are allowed to use. This amount is what you agreed to when you signed up for that particular package. If you exceed that amount of bandwidth you are liable for extra charges. Any charges not paid for will have their account temporarily or permanently suspended. All data will be erased, and we will not retrieve it under any circumstances. It is your responsibility to keep a backup of your data at all times and we recommend a backup daily if not weekly.
The charges will be at APS Enterprisess discretion except for the following: If a member of the support team increases your bandwidth free of charge, then this usually is classed as a goodwill gesture and usually happens only the once. If repeat limit exceeds then APS Enterprises reserves the right to charge the following amount: £1.00 per month per extra 2 Gigs of bandwidth and only increments of 2 gig will be added. In other words the minimum amount you will pay extra is £1.00 per month per 2 gigs.

Domain Names Charges
If you decide to move your domain name away from APS Enterprises we will gladly change the IPS Tag free of charge for you, or provide details on how to transfer your domain away. If we suspend your account for whatever reason and you decide to move your domain name away we reserve the right to charge you a flat fee of £80 per domain name. This is at APS Enterprisess Discretion and will be applied to dependant upon why we cancelled your account.

Domain Names Registrations
By default (unless you specify this when registering) all domain names are registered under APS Enterprises. You the client will still remain in full control and can request at any time for the domain to be "pushed" to your account. If you require the name to be changed after Registration, then you could be liable to Nominet Charges. We will not pay these.

Virtual Private Servers (VPS) AND Dedicated Servers (Managed And Unmanaged)
All requests for service cancellation must be made a minimum of 7 days prior to the renewal date of the service being cancelled. Failure to provide notice at least 7 days prior to the renewal date will result in a full billable monthly cycle prior to cancellation. Where all services are considered to be provided on a strictly prepaid basis, no prorated or partial refunds will be made when the cancellation procedure outlined above has not been followed.