:: Hosting Agreement ::

:: Money Back Guarantee ::

If after signing up for our services you are dissatisfied due to service related problems on our part, we will happily give you a full refund. This satisfaction trial period extends for your first 15 days. This policy does not apply to additional services such as extra disk space, additional e-mail accounts or Domain names, etc and is only applicable to web hosting services. Dedicated Server Hosting Services are not included in this guarantee.

:: Uptime Guarantee ::

:: Exceptions ::

Customer shall not receive any credits under this agreement in connection with any failure or deficiency of the Apnahost.com network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Agreement
Telco Failure (ie...Verizon™ cutting a fiber line somewhere)
Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out Internet service for the entire East Coast)
Scheduled maintenance for hardware/software upgrades
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Apnahost.com utilizes only name brand hardware of the highest quality and performance.
Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of Apnahost.com
Network floods, hacks, attacks from outside parties or individuals
Failure or error of any Apnahost.com monitoring or measurement system.

Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Apnahost.com service(s) in breach of Apnahost.com Policy and Service Guidelines, by Client or others authorized by Client.

:: Connectivity ::

Apnahost.com's goal is to make the Apnahost.com network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Apnahost.com service failure for more than 15 consecutive minutes, excluding service failures relating to Apnahost.com scheduled maintenance and upgrades. The Apnahost.com network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Apnahost.com's goal is to keep Average Round-Trip Latency on the Apnahost.com network to 85 milliseconds or less. Apnahost.com defines “Average Round-trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Apnahost.com network and major US backbone peering points during such month, as measured by Apnahost.com. Apnahost.com's goal is to keep Average Packet Loss on the Apnahost.com network to 1% or less. Apnahost.com defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Apnahost.com network during such month that are not successfully delivered, as measured by Apnahost.com.

:: Measurement ::

Apnahost.com will periodically (on average every 10 minutes) monitor Apnahost.com network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s Internet connection, and that such measurements constitute measurements across the Apnahost.com network but not other networks to which Client may connect. Apnahost.com reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Apnahost.com and made available to Client.

:: Hardware Failure ::

Apnahost.com stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Apnahost.com utilizes only name brand hardware of the highest quality and performance. Apnahost.com will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Apnahost.com contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue.

:: Credits ::

Each request in connection with network/server outages/downtime must be received by Apnahost.com within five days of the occurrence. Each request in connection with Average Round-trip Latency or Average Packet Loss in a calendar month must be received by Apnahost.com within five days after the end of such month. The total amount credited to a Client for Apnahost.com not meeting service levels will not exceed the service fees paid by Client Apnahost.com for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Apnahost.com receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Apnahost.com. Upon Client’s request (in accordance with the procedure set forth below), Apnahost.com will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Apnahost.com and confirmed by Apnahost.com measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-trip Latency on the Apnahost.com network for a calendar month exceeds 85 milliseconds, then upon Client's request, Apnahost.com will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Apnahost.com will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

:: General ::

Apnahost.com reserves the right to change or modify this agreement to benefit the Client, and will post changes to location currently housing this agreement at time of modification, which will be made available to Client. Except as set forth in this agreement, Apnahost.com makes no claims regarding the availability or performance of the Apnahost.com network or servers. Specific terms/points of this agreement may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in and Service Agreement, the Service Agreement terms/points prevail over this general policy. The Service Agreement signed/agreed by client, is above and beyond this agreement, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

:: Terms of Service ::

Apnahost.com provides services to clients all around the world. Apnahost.com has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

:: Content ::

All services provided by Apnahost.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Apnahost.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Apnahost.com server. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Apnahost.com servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:

Pirated software
"Illegal MP3's"
Hackers programs or archives
Warez Sites
Child Pornography
Apnahost.com will be the sole arbiter as to what constitutes a violation of this provision.

:: Unlimited Traffic/Hits & Server Resource Usage ::

Apnahost.com is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your web site, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply:

1. Sites with banners, graphics or cgi's running from their domain being used on other domains.
2. Sites with immense graphic archives or galleries.
3. Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
4. Sites running large chat room gatherings.
5. Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Apnahost.com may move your site to a different server, to reduce the load on the server you are currently residing... Apnahost.com will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time Apnahost.com may move your site to a different server, to reduce the load on the server you are currently residing.

:: Chat Rooms ::

Apnahost.com does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

:: Background Processes/Programs ::

Apnahost.com may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed.

:: Cron Jobs ::

Apnahost.com does allow Cron Jobs to be conducted on our servers.

:: IRC ::

Apnahost.com currently does not allow IRC or IRC bots to be operated on our regular servers.

:: Idle Timeouts ::

Apnahost.com may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
SSH/Telnet - 2 hours

:: Commercial Advertising - Email ::

Spamming, or the sending of unsolicited email, from a Apnahost.com server or using an email address that is maintained on a Apnahost.com machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.

Apnahost.com will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST

:: Server Abuse ::

Any attempts to undermine or cause harm to a Apnahost.com server or customer of Apnahost.com is strictly prohibited. Apnahost.com will pursue legal action to the fullest extent for all abuse of the Apnahost.com Network.

:: Suspension/Deactivation ::

If any terms or conditions are failed to be followed it will result in grounds for account suspension or deactivation. Apnahost.com reserves the right to remove any account without prior notice. If Apnahost.com deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on deactivated accounts. Normal policy is a warning first, and account deactivation the second offense. Serious offenses may cause immediate deactivation.