Terms of Service: Your Rights
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
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,
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
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
Use an account for storage
purposes. Accounts where more than 50% of the files are stored without being linked are
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.
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
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
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
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
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.
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 firstname.lastname@example.org .
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.