Terms of Service

1. Introduction
This Terms of Service Agreement (“Agreement”) outlines the principles, guidelines, and requirements governing the use of HostMyApple, Inc.’s (“Company”) services and products (“Services and Products”) by its customers (“Customer”). These Terms promote the integrity, security, and reliability of the Company’s facilities, network, and Customer data.
By using the Company’s Services and Products, the Customer agrees to these Terms. The Company reserves the right to modify this Agreement at any time, with changes becoming effective immediately upon publication at http://www.hostmyapple.com/tos.html. Customers are encouraged to review this Agreement periodically. For inquiries, contact [email protected].

2. Compliance with the Law
The Customer agrees not to use the Services or Products to:
• Violate any local, state, federal, or international law.
• Post, store, or transmit material that is threatening, obscene, defamatory, or otherwise harmful.
• Infringe on the rights of others, including intellectual property rights or copyrights.
The Customer assumes responsibility for determining applicable laws and agrees to indemnify and hold the Company harmless from claims arising from violations of this section.

3. Prohibited Uses of Services and Products
The Company encourages Customers and non customers to report abuse, including spam, security breaches, or violations of these Terms, to [email protected]. The Company will review all reports and take appropriate action, which may include suspension or termination of the offending account.
The following uses are prohibited:
3.1. Content Restrictions
• Hosting or linking to pornography or pornographic-related content.
• Distributing pirated software, “hacker” tools, or illegal software.
• Operating gambling, lottery, or betting websites.
3.2. System and Network
• Introducing malicious software, such as viruses or worms.
• Breaching security, such as unauthorized access or denial-of-service attacks.
• Circumventing authentication or security measures.
• Unauthorized cryptocurrency mining.
• Tampering with monitoring, tracking, or logging systems.
3.3. Billing
• Providing false information on order forms or contracts.
• Circumventing billing or tracking mechanisms.
• Violating the refund policy (refunds only apply within the initial 14-day period).
3.4. Email
• Sending unsolicited commercial emails (spam) or harassment through email.
• Forging email headers or creating chain letters or pyramid schemes.
3.5. Customer Support
Abusive or harassing communications with Company staff will result in immediate account termination.

4. Indemnification
The Customer agrees to indemnify and hold the Company harmless from lawsuits, claims, or expenses (including attorney fees) arising from the use of the Services and Products.

5. Security
• Customers must secure their login credentials and computing equipment.
.       Customers must change default passwords for each of their servers to unique and secure passwords.
• Uploading malicious content or software to the Company’s servers will result in account termination and potential prosecution.
• The Company does not provide technical support for third-party software.

6. Limitation and Exclusion of Liability
6.1. Limitations
The Company is not liable for:
• Loss or damage to data.
• Unauthorized access, alteration, or destruction of information.
• Indirect, incidental, or consequential damages.
Liability is limited to the fees paid by the Customer in the 30 days preceding the claim.
6.2. Interruption of Service
The Company is not liable for service interruptions caused by factors beyond its control, such as natural disasters or third-party failures.
6.3. Maintenance
The Company reserves the right to suspend services temporarily for maintenance or upgrades, with notice provided when possible.
6.4. Backups and Data Loss
The Customer acknowledges that while the Company may offer optional backup services, these are not guaranteed. It is the Customer’s sole responsibility to ensure regular and secure backups of their data. The Company is not liable for any data loss resulting from hardware failure, software issues, or human error.

7. Confidentiality
Both the Customer and the Company agree to protect confidential information obtained during the relationship. Confidentiality obligations survive the termination of this Agreement.
The Company adheres to applicable data protection laws and ensures reasonable measures are taken to secure Customer data. The Company’s Privacy Policy, available at https://www.hostmyapple.com/privacy-policy, governs the collection, use, and storage of Customer data.

8. Termination and Refusal of Service
The Company reserves the right to:
• Terminate accounts for violations of this Agreement without notice or refund.
• Refuse service at its discretion.

9. Fees and Billing
9.1. Activation Charges
The Customer must pay all activation fees before Services are provided.
9.2. Recurring Fees
Recurring fees are billed monthly in advance.
9.3. Late Payments
Late payments incur interest of 1.5% per month or the maximum rate allowed by law.
9.4. Taxes
Customers are responsible for all applicable taxes.
9.5   Billing Disputes
In the event of a billing dispute, the Customer must notify the Company in writing within 30 days of the charge. The Company will review the claim and respond within 10 business days. Failure to dispute charges within this timeframe will constitute acceptance of the charges.

10. Term and Renewal
The Agreement automatically renews monthly unless written notice of cancellation is provided 30 days in advance.

11. Colocation and VPS Services
11.1. Installation
The Company provides colocation space and installs Customer equipment as per the Order Form.
11.2. Access
Customer access to colocation spaces is restricted and requires prior authorization.
11.3. Equipment Removal
Customers must notify the Company at least two days before removing significant equipment.
11.4. Smart Hands
The Company offers limited technical support for dedicated servers, billed at $80/hour during business hours and $160/hour outside business hours.
11.5. Relocation
The Company may relocate Customer equipment with 120 days’ notice (or shorter in emergencies).

12. Resource Usage and Fair Use
The Company reserves the right to monitor resource usage and may suspend or terminate accounts that exceed allocated resources or disrupt the operation of shared systems. Excessive usage may result in additional fees or service restrictions.

13. Insurance
The Customer is responsible for maintaining adequate business, liability, and worker’s compensation insurance.

14. Dispute Resolution
This Agreement is governed by the laws of Colorado. Disputes must be resolved through binding arbitration under the rules of the American Arbitration Association.

15. Intellectual Property Rights
The Customer retains all rights to data and content uploaded to the Company’s servers. The Company does not claim ownership of such data. However, the Customer grants the Company a limited license to host, transmit, and display this data solely for the purpose of delivering Services.

16. Miscellaneous
16.1. Force Majeure
The Company is not liable for delays or outages caused by events beyond its control including but not limited to pandemic & cyberattacks.
16.2. No Lease
This Agreement does not grant the Customer any property rights in the Company’s facilities.
16.3. Entire Agreement
This Agreement, along with referenced policies, represents the entire agreement between the parties.

By using HostMyApple, Inc.’s Services and Products, the Customer acknowledges they have read, understood, and agreed to this Agreement.
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These Terms of Service were last updated on December, 1, 2024.