Company

Aptus Hosting, herein referred to as the "company" is a for-profit partnership dedicated to website hosting, email hosting and all services related to business and personal websites.  The company reserves the right to expand, reduce or outsource any and all services at any time.

Contact Information

Email:   support@aptushosting.com
Voice:  541-890-3697
Mail:     Aptus Hosting
PO Box 2690
White City, OR 97503-0690

Scope

The scope of this agreement is to define terms of service and contractual obligations between the company and its clients.

Customer Privacy

Just as the owners of Aptus Hosting would not want their personal information shared with other people without consent, we respect our customers the same way.  The company will not share any customer information with any outside parties without prior consent.  If you are someone looking for our customer records, forget it.

The only exception to this clause is a legitimate order by a judge in connection to a lawsuit or criminal investigation.

Cooperation with Law Enforcement

The company will cooperate with law enforcement only to the extent required by federal, state and local laws.  No customer information will be given out without a proper search warrant or subpoena by a judge and only after our legal representatives review the order and inform us that we must comply.

Limitation of liability

Liability for damages suffered to the client relating to our services is limited to a refund of payment for services rendered. 

The company will not be held liable for any action the client takes which causes a loss of service for the client. 

The company will not be liable beyond the terms of this clause for any action it takes or fails to take which results in loss of service for the client, theft of service, theft of sensitive information or any other damages the client suffers unless it is shown that the company took action to intentionally harm the client.

The client will be compensated for loss of service that is deemed to be the company’s fault in the following manner:

A service outage lasting at least one hour but not more than 24 hours entitles the client to a credit of one full day’s worth of service to be based on their current contract pricing.

A service outage lasting at least 24 hours entitles the client to a credit of one full month’s worth of service to be based on their current contract pricing as well as a 50% discount on the following months service.  If the client terminates the agreement with cause based on the incident in question then the client forfeits any credit on their account.

In no way will the company be liable for incidental, consequential, special damages, loss or injury resulting from unavailability of services.

Service

The company will provide all agreed upon services to the client in a reasonable period of time.  The company must promptly refund any money received from the client for services it can not provide in a timely fashion unless the client agrees otherwise before payment is made.

Prohibited Acts

Any act that is illegal within the borders of the United States, Oregon, Wisconsin, Texas and the state of the clients business will not be allowed on our servers.  If the company discovers that a client is using its resources for illegal activity, the account will be terminated and the proper authorities notified immediately.

No client shall resell or offer for resale any of the company’s services or use the company’s services to support a competing business without the permission of the company.

Use of the company’s services to send or engage in any part of the act of transmitting/distributing unsolicited commercial email will result in immediate termination of the account.  In addition, law enforcement officials may be contacted if it is suspected any law was broken.  Please notify Aptus Hosting Support before engaging in any type of mass mailing activity to prevent confusion.

Use of the company’s equipment or services with the intent of causing material damage to another company or entity will not be tolerated. Any acts of vandalism or mal-intent against Aptus Hosting will not be tolerated. 

Reseller Services

Clients wishing to engage in a reselling operation that might potentially compete with the company must agree to a reseller contract and pay for services according to the terms of that contract.

Adult Oriented Services

Aptus Hosting will allow a client to host adult oriented services on an IP based virtual host or dedicated server only.  All adult material must be legal as defined by the laws in the United States, Oregon, Wisconsin, Texas and the state where the client is operating from.  Regardless of laws, all sexually explicit content must be protected in a manner which prevents anyone under the age of 18 from accessing the material.

Any client in violation of this section will have their account immediately terminated with no refund.  If the activity undertaken by the client is questionable, the proper authorities will be notified.

Anyone wishing to offer adult-only services must signup for a dedicated IP hosting plan.  Any company found to be operating an adult based business on a shared IP (standard) hosting account will have their account terminated and no refund will be offered.

Termination

Any violation of these terms knowingly and/or willingly by the client will result in account suspension and/or termination and possible legal action if material and/or financial damages are incurred by the company relating to any unacceptable actions by the client.

The client must notify the company at least thirty days prior to the next billing due date if they wish to discontinue service. Failure to provide at least thirty days notice may result in the client being charged for the next term of service.  If no notice is given on accounts paid annually, then they may be subject to a charge not to exceed 50% of the remainder of the contract at the time of cancellation.

Contracts paid on an annual basis will be converted to monthly contracts for the purposes of calculating the refund/payment due amount upon early termination by the client.  The account will then be prorated based on the standard month to month rate.

The client may terminate this agreement and their account without providing thirty days notice without penalty if just cause exists. Examples of just cause would be willful violation of this agreement by the company, illegal actions by the company which threatens the clients business or the companies inability to provide agreed upon services in a timely fashion.

The company may terminate this agreement and any/all of the clients accounts without cause by providing thirty days written or email notice to the client.  The company need not specify a reason but must provide a refund for any services the client paid for beyond the thirty days.

The company may immediately terminate a client’s account if just cause is present.  Examples of just cause include violation of this agreement by the client, illegal activity by the client, failure to pay for services received or services that the client agrees to receive and any other actions the company deems as a threat to it’s business or customers.  If the company has sufficient cause to terminate a customer’s account then no refund will be issued.

Disputes

All customers agree to be bound by this contract from the moment they agree to purchase services from Aptus Hosting until they terminate their business relationship with the company.  Customers must contact Aptus Hosting prior to signing up for services if they have questions about any part of this agreement.

Disputes over this contract may be settled by sending a letter to the above contact address for Aptus Hosting.  Our customer support team will make every effort to resolve any problems in a timely manner.  If you feel that any legal wrongdoing has taken place you are encouraged to contact the proper authorities.